Work certificate

The employment certificate is an official document in Switzerland, certifying the nature and duration of the working relationship between an employee and his employer.
The employer must draw it up at the employee’s request, and it must include certain mandatory information.

Obligation to issue a work certificate

Under art.
330a para. 1 CO.
This document must attest to the nature and duration of the employment relationship between the two parties, and may be issued either as an interim certificate during the term of the employment relationship, or as a final certificate at the end of it.

Delivery time

There is no statutory time limit for the production of an employment certificate.
In practice, however, when requested by the employee, the employer should normally issue the certificate within a few days.
As for the final certificate, which is issued at the end of the employment relationship, it must be provided within a reasonable period of time.
Employees have the right to request a work certificate for a period of ten years from the end of the employment relationship, either from the employer or through the courts if the employer refuses.

Necessary indications

The employment certificate must contain certain mandatory information, such as the first and last names of the employee and employer, as well as the start and end dates of the employment relationship.
In addition, the certificate must describe in detail the important functions and main activities performed by the employee during his or her period of employment, as well as the duration of each function or activity.

The work certificate must also include an assessment of the employee’s performance, taking into account the quality and quantity of his or her work.
In addition, the employee’s behavior must be evaluated and noted in the work certificate.
Finally, to be valid, the certificate must be signed by the employer, with the date of issue.

The work certificate must meet certain formal and material requirements, in line with commercial practice.
In formal terms, it must be typed with a neat computer printout, written on quality paper, without erasures or corrections, and have an orderly, legible layout.
As far as material conditions are concerned, assessments must be based on standard criteria, be complete and cover all important aspects of the worker, including his/her behavior.
Statements must be truthful and formulated in a benevolent manner, while respecting the duty of truthfulness.
Furthermore, the use of ambiguous wording or coded language is prohibited.

Art.
330a para. 2 CO provides that, at the employee’s express request, the certificate may be limited to the duration and nature of the employment relationship.
In this case, the certificate is called a “certificat de travail restreint” or “attestation de travail”.

Shape

The work certificate must be in written form.
It must be clear and comprehensible.

Final or intermediate certificate

Every employee is entitled to a complete work certificate, as stipulated by Swiss law.
The employer is therefore obliged to provide a clear and comprehensive assessment of the employee’s behavior and quality of work.
In addition, employees may request an interim certificate at any time for a variety of reasons, such as a change of line manager, restructuring, application for admission to a training institution or imminent termination of the contract.
The interim certificate must be drawn up in the present tense, even if the end of the employment relationship is foreseeable, notably during the notice period.
However, there is no entitlement to a periodic certificate.
Furthermore, the content of the interim certificate is identical to that of the final employment certificate.

Truthful and caring

The employment certificate must be sincere and benevolent towards the employee.
However, it may be difficult for the employer to meet this requirement in situations where negative elements need to be mentioned, as the employer is bound to the truth.
However, only facts relevant to the overall assessment of the employee should be communicated.
Isolated incidents or minor facts should not be included in the work certificate.

The Swiss Federal Supreme Court has ruled that in the event of prolonged absences due to illness, it is necessary to mention the negative facts relevant to the overall assessment of the employee in the work certificate.
In certain cases, these facts may objectively justify termination of the contract, for example if the employee’s illness has had a significant impact on his performance or behavior, or if doubts have been raised as to his ability to perform his duties.

Prolonged work interruptions due to illness must also be recorded on the work certificate, if they are significant in proportion to the total duration of the contract, and if their omission could be misleading as to the professional experience acquired.
However, each case must be examined on its own merits.

In conclusion, it is important to comply with the legal requirements for drawing up an employment certificate, in order to prevent any potential conflict between the parties concerned.