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Immediate Termination Notice

Immediate Termination Notice Template for Switzerland

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Key Requirements PROMPT example:

Immediate Termination Notice

"I need an Immediate Termination Notice under Swiss law for an IT department employee who was found accessing and copying confidential client data without authorization; the termination needs to be effective from March 15, 2025, and should emphasize data protection violations."

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Document background
An Immediate Termination Notice is a crucial legal document used in situations where an employment relationship must be terminated without notice period due to serious circumstances. Under Swiss law, specifically Article 337 of the Swiss Code of Obligations, both employers and employees may terminate the employment relationship immediately for "good cause." This document is utilized when continuing the employment relationship until the next ordinary termination date is unreasonable, such as in cases of serious misconduct, breach of trust, or other significant violations of employment obligations. The notice must detail the specific grounds for termination, reference relevant legal provisions, and outline immediate consequences. It's essential that the document meets all formal requirements under Swiss law to be legally effective and minimize the risk of successful legal challenges.
Suggested Sections

1. Sender Details: Full company name, address, and contact information of the employer

2. Recipient Details: Employee's full name and address

3. Date: Date of the termination notice

4. Subject Line: Clear indication that this is an immediate termination notice

5. Employment Information: Reference to the employment contract, employee's position, and start date

6. Termination Declaration: Clear and unambiguous statement of immediate termination

7. Legal Grounds: Specific reference to Article 337 OR and detailed description of the cause(s) for immediate termination

8. Immediate Effects: Statement of immediate cessation of employment relationship

9. Final Settlement: Information about final salary, outstanding vacation days, and other entitlements

10. Company Property: Request for return of company property and access cards

11. Signature Block: Company representative's name, title, and signature

Optional Sections

1. Non-Compete Reminder: Include if the employment contract contains post-termination restrictions that remain valid

2. Legal Representation: Include if the termination notice is being issued through legal counsel

3. Garden Leave: Include if employee is to be placed on garden leave during any remaining time

4. Confidentiality Obligations: Include if specific reminder of ongoing confidentiality obligations is necessary

5. Settlement Offer: Include if the employer is making any additional settlement or separation payment offer

6. Reference Letter: Include if addressing the provision of a reference letter (Arbeitszeugnis)

Suggested Schedules

1. Evidence Documentation: Copies of relevant documents supporting the grounds for immediate termination

2. Property List: Detailed list of company property to be returned

3. Final Settlement Calculation: Detailed breakdown of final payment calculations

4. Prior Warnings: Copies of any relevant prior warnings or disciplinary communications

5. Handover Instructions: Details of any immediate handover requirements for ongoing projects or 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 | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant Industries

Banking and Financial Services

Manufacturing

Information Technology

Healthcare

Retail

Professional Services

Construction

Education

Hospitality

Transportation and Logistics

Pharmaceutical

Insurance

Telecommunications

Real Estate

Energy

Relevant Teams

Human Resources

Legal

Executive Leadership

Compliance

Risk Management

Operations

Administration

Corporate Services

Employee Relations

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Department Manager

Chief Financial Officer

Operations Director

Project Manager

Senior Manager

Regional Director

Branch Manager

HR Business Partner

Compliance Officer

General Counsel

Department Head

Managing Director

Industries
Article 337 OR (Swiss Code of Obligations): Defines the conditions for immediate termination for good cause (justified immediate termination). States that employer and employee may terminate employment relationships immediately for good cause.
Article 337a OR: Specifies employer's right to immediate termination in case of insolvency.
Article 337b OR: Regulates the consequences of justified termination, including compensation and damages.
Article 337c OR: Addresses the consequences of unjustified dismissal, including employee's right to compensation.
Article 335 OR: General provisions about notice periods and termination dates (relevant for contrast with immediate termination).
Article 328 OR: Employer's duty of care, which remains relevant even during termination process.
Article 11 OR: Requirements for the form of contracts and legal declarations, affecting how the termination notice must be delivered.
Swiss Civil Code Art. 2: Principle of good faith, which must be observed in the termination process.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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