An employment certificate after the fact?

An employment certificate after the fact?

"I've asked my former boss for a certificate of employment, but he's refused on the grounds that the employment relationship ended just over a year ago. What do I have to do to get it?

Alex, Carouge.

The law on employment contracts stipulates that 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 work and their conduct. In the event of an express request from the employee only, the certificate may be limited to the nature and duration of the employment relationship. The employee's right to a certificate constitutes an obligation on the part of the employer, which cannot be derogated from to the detriment of the employee, whether by agreement, standard employment contract or even collective agreement. In terms of content, the employment certificate is intended to promote the economic future of the employee. This right exists throughout the employment relationship and is time-barred 10 years after the end of the contract.

It is up to the cantons to provide for a simple and rapid procedure for disputes relating to employment contracts where the value in dispute does not exceed CHF 30,000; this value is determined by the amount of the principal claim. In this type of dispute, the parties do not have to bear any legal fees or costs; it should be noted, however, that the judge may impose a fine on a party who pleads recklessly and charge all or part of the legal fees and costs to that party. The court with geographical jurisdiction for such an action is not only that of the domicile or registered office of the defendant, in this case your former employer, but also that of the place where the employee carries out or habitually carried out his work.

In Geneva, the Labour Court hears disputes between employers and employees in all matters relating to their relationship under an employment contract. The request is made in writing to the clerk's office of the Prud'hommes court, which issues forms free of charge but whose use is not compulsory. All documents required to understand the case must be attached to the application.

You therefore still have just under 9 years to assert your right to an employment certificate before the courts. You should nevertheless go without too much delay to the clerk's office of the Prud'hommes court to pick up a form that will make your task easier, particularly in terms of drafting.