Article 330a of the Swiss Code of Obligations (CO) states that an employee may request a work certificate from their employer at any time. This certificate must be comprehensive, covering the nature and duration of the employment relationship, as well as the quality of the employee's work and conduct. It is only if the employee explicitly requests it that the certificate can be limited to only the nature and duration of the employment relationship. Once the request is made, the employer must prepare and issue the work certificate within a reasonable timeframe.
There are two types of work certificates: the final work certificate, which is issued at the end of the employment relationship, and the interim work certificate, which can be requested at any time, particularly in the case of a change in job role within the company or a change in supervisor.
Moreover, it is important to note that if the employer refuses to issue a work certificate or if the content of the certificate is not satisfactory to the employee, the employee can take legal action to obtain or correct the work certificate. If the employee requests a correction, they must draft the required text themselves so that the court can include it verbatim in its judgment.
In any case, the work certificate must be truthful and phrased in a positive manner, considering the protection of the employee's personality. It should include the following elements: the company’s name issuing the certificate, the identities of the employee and employer, the start and end dates of the employment, the employee’s position and activity percentage, a description of the main tasks and specific projects, a qualitative assessment of the employee's performance, skills, and behavior, the date of issuance of the document, and finally, the employer’s signature.
Regarding the reason for the termination of the employment contract, it generally should not be mentioned. However, it may be addressed in exceptional circumstances.
Additionally, a long absence of the employee can be mentioned if it has affected their ability to perform their job and was the reason for the termination of the employment relationship.
That said, it is important to remember that, typically, the work certificate should be drafted in a positive manner, so it should not contain negative evaluations. However, there may be cases where the principle of positivity conflicts with the principle of accuracy, which requires that the work certificate contains accurate information about the quality of the work and the employee’s behavior. In such cases, the work certificate may contain nuanced or even negative evaluations, provided they are not based on isolated incidents and are relevant and justified to assess the employee’s competencies. In any case, the employer must ensure that the content of the certificate is not contradictory.
Would you like more information on this topic? Our team of professionals will be happy to welcome you at our office located at 1 Rue du Valentin, 1004 Lausanne, to provide advice and assist you with your legal matters. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch.
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