A Disciplinary Notice is a crucial document in Swiss employment relations, used when formal action is required to address employee misconduct, performance issues, or policy violations. The document must align with Swiss employment law, particularly the Swiss Code of Obligations (OR) and data protection regulations. It serves multiple purposes: documenting the issue, communicating expectations, setting improvement timelines, and establishing a legal basis for potential future actions. The notice should be issued after verbal warnings have proven ineffective but before considering termination, unless the violation is severe enough to warrant immediate written warning. The document typically includes specific details about the incident(s), reference to violated policies, required improvements, and consequences of non-compliance. Given Switzerland's strong employee protection laws, the Disciplinary Notice must be carefully drafted to ensure fairness, proportionality, and respect for employee rights while protecting the employer's interests.
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1. Header Information: Company letterhead, date, employee details, and document title (Disciplinary Notice/Warning)
2. Incident Description: Clear and factual description of the specific incident(s) or behavior that prompted the disciplinary action, including dates and locations
3. Rule Violation: Reference to specific workplace rules, policies, or contractual obligations that were violated
4. Previous Warnings: Reference to any previous verbal or written warnings related to similar issues
5. Impact Statement: Description of how the behavior affects the workplace, colleagues, or business operations
6. Required Improvements: Clear statement of expected behavior changes and specific improvements required
7. Consequences: Description of potential consequences if behavior doesn't improve, including possible termination if applicable
8. Timeline: Specific timeframe for implementing required changes and review period
9. Support Measures: Any assistance or resources the company will provide to help the employee improve
10. Acknowledgment: Space for signatures of both employer and employee, date, and confirmation of receipt
1. Employee Response: Section for employee to provide written comments or explanation, used when company policy or collective agreements require this option
2. Appeal Process: Information about how to appeal the disciplinary action, included when required by company policy or when the severity of the issue warrants it
3. Union Representative: Reference to union involvement and representative details, required when employee is union-represented
4. Performance Improvement Plan: Detailed improvement steps and milestones, included for more serious cases or when specific guidance is needed
1. Evidence Documentation: Copies of relevant evidence supporting the disciplinary action (e.g., incident reports, witness statements, performance records)
2. Relevant Policies: Copies of specific workplace policies or procedures that were violated
3. Meeting Minutes: Records of disciplinary meetings or discussions related to the issue
4. Previous Warnings: Copies of previous warning letters or disciplinary notices if referenced in the main notice
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