9 Feb, 2024 by Marianne Favre Moreillon

Reference check under Swiss law

9 Feb, 2024 by Marianne Favre Moreillon

After a job interview that has gone well, the reference check is the final step in helping an employee land the job of their dreams. Can the potential employer contact a former boss without further ado? Can the former boss deviate from what was stated on the employment certificate?

Under employment law, the processing of personal data during job interviews and reference checks is limited by the need to protect the employee's privacy. Reference checking is subject to strict rules and conditions. The former boss cannot say everything when reference checking, under penalty of incurring liability.

This article covers the following topics:

  • personal data and protection of privacy
  • admissible questions
  • taking up references and employee consent
  • negative references and the former employer's liability

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