22 Apr, 2024 by Marianne Favre Moreillon

The subtleties of drafting an employment certificate under Swiss law

22 Apr, 2024 by Marianne Favre Moreillon

An employment certificate is essential when looking for a new job. It's not always easy to draw up, however, when employers have to juggle the principles of benevolence and veracity.

Drawing up an employment certificate is often a headache for the employer. In certain situations, the employer is entitled to mention unfavorable elements in the employment certificate, or even to insert a reservation about the employee's behavior. The question of the content of the employment certificate and the employer's liability in the event of an incomplete or false certificate is a particularly delicate one. 

This article covers the following topics:

  • purpose of the employment certificate
  • lawfulness of the employer's refusal to provide an employment certificate
  • full or short employment certificate
  • partial employment certificate
  • principle of benevolence and veracity
  • unfavorable facts and assessments
  • misleading or falsely complimentary certificate and employer liability

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