The subtleties of drafting an employment certificate under Swiss law
An employment certificate is essential when looking for a new job. It's not always easy to draw up, however, when employers have to juggle the principles of benevolence and veracity.
Drawing up an employment certificate is often a headache for the employer. In certain situations, the employer is entitled to mention unfavorable elements in the employment certificate, or even to insert a reservation about the employee's behavior. The question of the content of the employment certificate and the employer's liability in the event of an incomplete or false certificate is a particularly delicate one.
This article covers the following topics:
- purpose of the employment certificate
- lawfulness of the employer's refusal to provide an employment certificate
- full or short employment certificate
- partial employment certificate
- principle of benevolence and veracity
- unfavorable facts and assessments
- misleading or falsely complimentary certificate and employer liability