The Employment Certificate in Switzerland: Content and Contestation

Right to a Certificate (art. 330a CO)

The employee may request a certificate at any time during or after employment.

Full Certificate (art. 330a para. 1 CO)

Must contain: nature and duration of employment, performance quality, and conduct.

Simple Attestation (art. 330a para. 2 CO)

Only nature and duration, without evaluation. Sometimes preferred when a full certificate would be negative.

Governing Principles (ATF 136 III 510)

Truth: must be truthful and complete. No omission of important facts. Benevolence: must not unnecessarily hinder future career. Subsidiaries to truth. Clarity: clear language comprehensible to third parties. No coded messages or intentional ambiguities.

Coded Language

Despite the prohibition, certain coded formulations exist:

1. "Gave satisfaction" = average
2. "Gave complete satisfaction" = good
3. "Always gave complete satisfaction to our full satisfaction" = excellent
4. "Made efforts to fulfil tasks" = insufficient

Contestation

Request written rectification from the employer. If refused, petition the court (art. 330a CO). Burden of proof (ATF 136 III 510): positive facts alleged by the employee must be proved by them; negative facts in the certificate must be proved by the employer.

Prescription: ten years (art. 127 CO).

Employer Liability

An unjustly negative certificate causing damage (difficulty finding employment) may lead to damages (art. 97 CO). An incomplete certificate omitting important facts (violence, theft) may create liability towards a future employer (art. 41 CO).