Employment reference (work certificate) in Switzerland: your rights and how to request one

In Switzerland, every employee can ask their employer for an employment reference (work certificate) at any time (art. 330a of the Swiss Code of Obligations, CO). This right exists both during the employment relationship and after it ends, whatever the reason for leaving, and it cannot be removed by contract. The reference is an essential document: Swiss recruiters read it carefully and often compare it with references from previous employers.

The law distinguishes between two documents. The full reference covers the nature and duration of the employment relationship, as well as the quality of the work and the employee's conduct (art. 330a para. 1 CO). The confirmation of employment (attestation de travail), sometimes called a simple reference, is limited to the nature and duration of the employment (art. 330a para. 2 CO). The employer may only issue a simple confirmation if you expressly ask for it. It can be useful when the relationship ended badly, but a future employer might wonder why there is no assessment.

While you are employed, you can obtain an interim reference without having to give a reason. It is particularly useful if you get a new manager, during a reorganisation, when you change role or when you are looking for a new job. The final reference, issued at the end of the employment relationship, will often build on these interim assessments.

The content must respect two principles established by case law. The reference must be truthful, complete and accurate: it cannot leave out facts that are important for the overall assessment, nor contain false statements. It must also be benevolent, meaning written in a way that does not needlessly hinder your career. Isolated facts, or facts of no importance to the relationship as a whole, do not need to be included. The reason for leaving is in principle only mentioned if you wish.

In practice, some apparently positive phrases hide a mixed assessment, for example "he endeavoured to" or "she carried out her tasks to our satisfaction" instead of "to our complete satisfaction". This coded language goes against the principle of clarity. Read your reference carefully and, if in doubt, ask your employer to rephrase any ambiguous passages.

To request a reference, the safest approach is to send your employer a written letter stating the type of document you want, your start date and, where applicable, your end date, as well as your job title. If the reference you receive seems incorrect, ask in writing for it to be corrected, stating precisely which passages need changing and suggesting a wording. If the employer refuses, you can bring a claim for correction before the competent court, usually after an attempt at conciliation. For employment law disputes where the amount in dispute does not exceed CHF 30'000, the procedure is free of charge (art. 113 and 114 CPC), apart from any lawyer's fees.

The right to a reference becomes time-barred ten years after the end of the employment relationship (art. 127 CO). However, it is better to ask for it quickly, while your managers still remember your work and the information is available.

SwissDoc generates a request for a full reference, an interim reference or a confirmation of employment, with a reference to art. 330a CO. Your first three documents are free, no credit card required.