An employment reference certificate is an essential element for a professional career. It can be either a detailed reference (Article 330a para. 1 CO) or a simple reference (Article 330a para. 2 CO). The former is more comprehensive and includes detailed information, while the latter only contains basic data, such as the nature and duration of the employment relationship. This overview will focus on the detailed reference certificate.
Legal Framework
Article 330 CO stipulates that an employee can request a certificate from the employer at any time during the employment relationship. This certificate should cover the nature and duration of the employment, as well as the quality of the employee’s work and conduct.
Purpose and Content
The employment reference certificate plays a crucial role in the employee’s career progression and should therefore be written in a way that supports the employee’s future economic opportunities. It must provide an accurate reflection of the employee’s activities, performance, and conduct. The certificate may include negative aspects if they are relevant for a comprehensive assessment and, importantly, if these remarks are pertinent and justified. Isolated incidents without significance should not be mentioned.
Correction of the Certificate
If the employee disagrees with the content of the certificate, they have the right to request a correction. The burden of proof lies with the employee, who must demonstrate that they have fully and satisfactorily fulfilled their duties.
Issuance and Identification
The employer is required to issue a certificate at any time during the employment period if requested by the employee. After the end of the contract, the right to request a certificate is valid for ten years.
The certificate must be clearly identifiable as such. For this purpose, it should include the term “certificate of employment.” It should also accurately detail the parties involved, including the name or business name of the employer, and the employee’s name, surname, date, and place of birth.
Details to Include
In addition to information about the parties involved, the certificate must specify the employee's role, responsibilities, list of tasks, duration of employment, place, date, and any specific comments on the employee's behavior, such as their attitude, character traits, interpersonal skills, and teamwork.
Additional Information
Additional details, such as illness, may be included if it significantly affected the employee’s performance, behavior, or if it had a lasting impact on their ability to perform their duties, particularly if it was a substantial factor in the termination of employment or if the duration of the incapacity is significant relative to the length of the employment relationship.
Contact Information
For further information on this topic, the Consultation juridique du Valentin would be pleased to welcome you at its offices located at rue du Valentin 1, 1004 Lausanne. You can also reach us by phone at 021 351 30 00 or by email at info@cjdv.ch.
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