The employment reference: what it can and cannot contain

At the end of (or during) the employment relationship, the employee has a right to an employment reference. It is an obligation of the employer under the Code of Obligations, not a courtesy. But the document must comply with precise rules: everything hangs on the balance between truth and benevolence.

Two different documents

The Code of Obligations distinguishes two types of attestation:

Full employment reference (qualified): describes the nature and duration of the relationship and assesses the employee’s performance and conduct.
Simple confirmation of employment: limited to the nature and duration of the relationship, without appraisals.

As a rule the employee is entitled to the full reference. They may request the simple confirmation if they prefer not to have appraisals appear, but the choice rests with them.

The mandatory contents

A full reference usually states:

the details of the employee and the employer;
the role and main tasks carried out;
the period of employment (start and end dates);
the level of employment and career progression;
an assessment of the quality of the work (competence, commitment, results);
an assessment of conduct towards superiors, colleagues and clients;
any reason for the end of the relationship, if requested by the employee.

The two guiding principles: truth and benevolence

The reference must reconcile two requirements:

Truth: it must be complete and correspond to the facts. It cannot conceal essential elements or paint a false picture.
Benevolence: it must foster the employee’s professional advancement. In case of doubt, the wording should be chosen so as not to cause unnecessary harm.

When the two principles conflict, as a general rule truth prevails: a reference must not mislead a future employer. But isolated negative facts, or facts irrelevant to the overall judgement, should not be mentioned.

What it CANNOT contain

The reference must not include:

past illnesses that do not affect fitness for work, or health details;
trade-union membership, political or religious views;
absences for pregnancy or maternity leave presented as a negative judgement;
proceedings or unproven suspicions;
isolated and marginal events that distort the overall picture.

A prolonged absence may, however, be indicated if omitting it would misrepresent the actual duration of the work.

”Hidden codes” are prohibited

The legend of secret codes is widespread: seemingly positive phrases that among insiders mean the opposite. The use of coded, ambiguous or allusive language is unlawful: it breaches the principle of clarity and truth. The reference must be understandable at its literal value.

Correction and delivery times

If the employee considers the reference inaccurate or unjustly unfavourable, they may request its correction. In the event of disagreement, the judge decides; the burden of proving the contested negative facts generally rests with the employer.

The reference must be issued on request and without undue delay. An interim reference may be requested during the relationship, for example when a superior changes or in view of a job application.

The practical advice

For the employer: drafting balanced, truthful references free of ambiguous phrasing reduces disputes. For the employee: read carefully and request the correction of errors or disproportionate appraisals before the document circulates.

How we help

The People division of SIH ONE drafts references and confirmations compliant with the Code of Obligations, balanced between truth and benevolence, and assists with requests for correction. Let’s review your employment references.