Work certificate

Obligation

Every employee has the right to request a work certificate at any time, regardless of the duration of the employment relationship, the level of activity or the hierarchical level. The employer has to balance the duty of truthfulness with the duty of benevolence towards the employee.

Pressure

The employer is obliged to issue an employment certificate, even if he is in dispute with his former employee. The employer may not use the certificate as a means of pressure and may not make it conditional on the employee resigning or waiving his rights against the employer.

Short certificate

If a full employment certificate would jeopardize the employee's chances of finding a new job, the employee may ask the employer to draw up a short employment certificate. This certificate will only mention the duration of the employment relationship and the description of the activities and functions performed by the employee in the company.

Unless the employee specifically requests a short work certificate, the employer must draw up a full work certificate even if it is unfavorable to the employee.

Full certificate

In addition to the length and nature of the employment relationship, the full certificate must contain the quality of the employee's work and conduct. The employer can describe the employee's behavior, his way of dealing with customers and colleagues. The employer should mention whether the quality of the employee's work has been satisfactory.

The employer cannot provide a partial work certificate and thus omit to describe the conduct of the worker or the quality of his work. Such a certificate would be likely to create misunderstandings with a new employer. The former employer may be liable if it deliberately fails to mention inadequate work performance or serious deviations in the employee's behaviour and the new employer relies on this certificate to hire the employee.

The new employer could be held liable for any misunderstanding. The employee, on the other hand, cannot falsify his or her work certificate if it is unfavourable to him or her. If such a deception is discovered, the employee is at great risk and may be subject to criminal sanctions under certain conditions.

Duty of care

The purpose of the employment certificate is to promote the economic future of the employee. In this respect, the employer is obliged to show goodwill towards his employee, even if he is in dispute with him.

He must not write it in an unnecessarily pejorative manner. Nor may it mention elements that have not influenced the quality of the employee's work, such as pregnancy, political ideas or union membership.

Duty to be truthful

The certificate must, however, reflect reality. The employer is obliged to mention serious facts and to express reservations if the employee's work has not been to his or her complete satisfaction. Otherwise, the employer risks civil and criminal liability towards future employers who rely on a falsely complimentary certificate to hire the employee.

On the other hand, isolated incidents do not have to be mentioned in the work certificate.

Late arrivals? Unjustified absence? Stealing a bottle of wine or embezzling money? The line between an isolated incident and an event that must be mentioned in the work certificate is sometimes blurred. 

Late arrivals? Unjustified absence? Stealing a bottle of wine or embezzling money? The line between an isolated incident and an event that must be mentioned in the work certificate is sometimes blurred.