Obligation to draw up a work certificate.
The employer is obliged to issue a work certificate. Employees may request an employment certificate at any time. The certificate is issued as an interim certificate for the duration of the employment relationship and as a final certificate at the end of it.
Delivery time
The law does not stipulate a time limit for drawing up an employment certificate. In practice, when an employee expressly requests one, the certificate is drawn up within a few days. In the case of the final work certificate, which is drawn up at the end of the employment relationship, it must be submitted within a reasonable period of time. Employees may, however, request an employment certificate from their employer, or take legal action if the employer refuses, for a period of ten years from the end of the employment relationship.
Necessary indications
The employer must include the following information:
- Employee and employer identities
- Start and end of employment relationship
- Detailed list of the employee’s main duties and activities during the employment relationship and their duration
- Conclusive assessment of employee performance (quality and quantity of work)
- Assessing behavior
- Employer’s legal signature including date of issue.
Shape
The work certificate must be in written form. The wording must be clear and comprehensible.
Final or intermediate certificate
Every employee is entitled to a complete work certificate. This means that the employer cannot omit any assessment of behavior or quality of work.
The employee may also request an intermediate certificate at any time. The following situations may justify the request: change of supervisor, transfer to another business unit, restructuring affecting the employee, application for admission to a training establishment, serious intention to change jobs and imminent termination of the contract. The interim certificate is drawn up in the present tense, even if the end of the employment relationship is foreseeable at the time it is drawn up (e.g. during the notice period). There is no entitlement to a periodic certificate. The content of the interim certificate is the same as that of the final employment certificate.
Truthful and caring
The employment certificate must contain only truthful statements, formulated in a benevolent manner. In the case of negative facts, this requirement is not always easy to meet in practice, as the employer is obliged to tell the truth. Negative facts can and should therefore be mentioned in the certificate, but only if they are relevant to the overall assessment of the employee. Isolated incidents or trivial facts need not appear on the work certificate. The question of prolonged absences due to long-term illness regularly comes up. According to the Federal Court, a negative fact can and must be mentioned if it is relevant to the overall assessment. Certain situations are considered an objective reason for terminating the employment relationship, for example, when an illness has had a significant effect on performance or behavior, or when doubts have been expressed as to a person’s fitness to perform his or her duties. Prolonged work interruptions due to illness must be mentioned on the employment certificate when they are significant in proportion to the total duration of the contract, and when failure to mention them could be misleading as to the professional experience acquired. Nevertheless, it is necessary to consider the circumstances on a case-by-case basis.
