Introduction
Under Swiss law, the employment certificate is an essential document designed to help employees improve their professional situation and to assist them in their job search. In accordance with article 330a paragraph 1 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 work and their conduct.
Content and characteristics of the employment certificate
The employment certificate must be truthful, complete and written in a sympathetic manner, without containing wording that has double meanings. It is the employer’s responsibility to draw it up, including a precise description of the activities carried out, the duties performed, the start and end dates of the employment, as well as an assessment of the quality of the work performed and the employee’s conduct. Although the certificate must be benevolent, it may contain unfavourable elements if these are relevant and well-founded. In practice, the document is most often coded, whatever the wording on the subject. It is therefore very important to always have this document reviewed, whether in the form of a document or otherwise, by a professional.
Types of work certificate
There are two main types of work certificate:
Full or qualified work certificate: This covers the nature and duration of the employment relationship, as well as the quality of the work and the worker’s conduct.
Work certificate (short form – or « attestation de travail »): At the express request of the employee (and the employee alone), the certificate may cover only the nature and duration of the employment relationship, without any assessment of performance or conduct.
Interim work certificate
The employee has the right to request an interim employment certificate during the employment relationship. It is recommended that such a certificate be requested on a regular basis, particularly when there is a change of line manager, duties or responsibilities. Requesting an interim certificate, by submitting a draft already drawn up with the help of a professional, also makes it possible to find out the hierarchy’s assessment of the employee and his or her medium-term prospects.
Time limitation period
In accordance with Article 127 of the Swiss Code of Obligations, the right to an employment certificate is subject to a limitation period of ten years from the end of the employment relationship. However, the exercise of this right must not be deemed abusive.
Action for issue and rectification of the employment certificate
If the employer fails to issue the employment certificate, or if the content of the certificate is deemed unsatisfactory or inaccurate, the employee may bring an action for its issue or rectification. In such an action, it is up to the employee to propose the text of the certificate that he considers to be in line with reality. The employer must then justify any negative assessments. In the event of a dispute, the competent court may be asked to order the issue of a certificate in line with the draft proposed by the employee.
Employer’s liability
Employers who draw up an inaccurate or incomplete work certificate, or who refuse to issue one, are liable to the employee under Articles 97 et seq. of the Swiss Code of Obligations. In addition, a falsely complimentary certificate may render the employer liable to future employers who rely on this inaccurate document to hire the worker concerned.
Practical recommendations
Workers are advised to submit a draft work certificate to their employer, drawn up with the help of a professional, in order to facilitate the process and ensure that the document accurately reflects their background and skills. This proactive approach can also be useful in the event of a disagreement with the employer, particularly if the latter is late in issuing the certificate or if its content is disputed.
Conclusion
In conclusion, the employment certificate is a key element of Swiss employment law, intended to provide an accurate and complete reflection of the employee’s career path. It is essential that this document be drafted with care, respecting the principles of truthfulness and benevolence, in order to best serve the interests of the employee in his or her professional career.

Me Philippe Ehrenström, attorney, LLM