I don't like my work certificate
I don't like my work certificate
"My employer has issued me with an employment certificate that I find unpleasant, to say the least. What can I ask to be included in a work certificate? Can I ask for anything that I find negative to be removed?"
Florian, Bardonnex
Under Article 330a of the Swiss Code of Obligations (CO), employees may request a certificate from their employer at any time, covering the nature and duration of their employment relationship, as well as the quality of their performance and conduct. Although the certificate is generally drawn up at the end of the employment relationship so that the employee can present his or her profile to a future employer, it may be requested at any time within 10 years of the end of the employment relationship.
There are in fact two types of employment certificate: full and limited. The latter, drawn up at the express request of the employee, only has to cover the nature and duration of the employment relationship. The full work certificate, on the other hand, is more elaborate and contains information on both the quality of the work done and the employee's conduct. It must be formulated in a benevolent manner while giving the future employer as accurate a reflection as possible of the employee's activity, performance and conduct.
This requirement to reflect reality may mean that negative facts, such as illness, are mentioned. In fact, if such factors have had a serious impact on the employee's ability to carry out a task and have constituted grounds for terminating the contract, the former employer should mention them so as not to mislead the future employer. The Swiss Federal Supreme Court has also ruled that long interruptions in employment must be mentioned if their omission could lead to a misinterpretation of the professional experience acquired.
Thus, although it is generally accepted that a work certificate should be favourable to the employee, the latter cannot demand the removal of negative elements if these are necessary for a concrete assessment of his abilities. If the employee does not want to see any negative assessment in his certificate, he will have to resort to requesting a limited certificate; however, potential employers generally know what conclusions to draw from such a document.
Lastly, and conversely, if the certificate is incomplete or unrepresentative, the employee has the right to have it completed, if necessary by taking the matter to the industrial tribunal.
