Coded Language in an Arbeitszeugnis
Coded language in an Arbeitszeugnis means using polite or neutral phrases to disguise criticism or poor performance—for example, 'diligent in his duties' signals underperformance. Swiss law requires Arbeitszeugnisse to be truthful and not misleading, so coded language that obscures the truth can expose you to liability.
An Arbeitszeugnis (work reference or final certificate) is a mandatory summary of employment that you must give to any employee leaving your company, whether they resign or you terminate them. It documents their role, duration, conduct, and performance.
Coded language refers to formulaic or seemingly positive phrases that skilled readers—especially Swiss recruiters and HR professionals—interpret as signals of mediocrity or misconduct. Examples include 'was present during his employment' (unreliable), 'fulfilled his duties satisfactorily' (barely acceptable), or 'worked independently' (didn't collaborate well).
When Coded Language Appears
Coded language emerges when you want to communicate reservation about an employee without being explicitly negative. This often happens when the departing employee is difficult, mediocre, or has behavioural issues you don't want to state plainly.
The Swiss recruiting community has informal consensus on what these codes mean. Recruiters reading your Arbeitszeugnis recognise them immediately. A reference that relies too heavily on coded language signals caution—or worse, dishonesty.
- Phrases like 'behaved correctly' or 'was cooperative when asked' suggest passive resistance or social friction
- 'Fulfilled his tasks' (without mention of quality or initiative) implies weak performance
- 'Worked in the team' without elaboration hints at poor collaboration or isolation
- 'Was always punctual' as the sole positive claim reveals lack of other strengths
- 'We wish him well in his future endeavours' often closes a lukewarm or negative reference
- This code system is understood across cantons and by RAV/ORP/URC staff reviewing applications
Your Legal Obligation
Swiss law (Article 330a of the Code of Obligations and cantonal employment law) requires that an Arbeitszeugnis be truthful, clear, and not misleading. You cannot hide facts behind coded language if doing so distorts the truth.
The test is whether a reasonable third party (recruiter, employer, RAV counsellor) would be misled by the combination of what you wrote and what you omitted. Coded language itself is not illegal—but it becomes problematic if it obscures material facts about conduct or performance.
- You must state facts accurately; tone and word choice alone do not breach the law
- Omitting serious misconduct while using pleasant language may violate the requirement to be truthful
- An employee can challenge your Arbeitszeugnis in court if they believe it is misleading or false
- Different cantons apply this standard with slight variation; consult a Swiss labour lawyer for your canton
- The burden of proof lies with you to show your language is factually accurate, not merely diplomatically worded
- Coded language becomes a liability if the employee disputes it and you cannot substantiate the facts behind it
The Most Common Mistake
The most common error is writing a reference so guarded and code-heavy that it signals dismissal or mediocrity while containing no explicit criticism. You then assume the employee cannot challenge it because nothing is technically 'negative'.
This backfires because sophisticated readers see through the code, and the employee—or their lawyer—can argue the Arbeitszeugnis is misleading under Swiss law. You end up vulnerable without having clearly documented your reasons.
- Writing 'fulfilled his duties satisfactorily' for an employee you fired for underperformance creates a false impression
- Omitting mention of a strength that was clearly present can imply it did not exist—this is misleading through silence
- Using the same bland language for a strong performer and a weak one makes both references legally risky
- Failing to note promotions, salary increases, or expanded responsibility suggests stagnation that may not be true
- If you must be critical, be specific and fair: 'struggled to meet project deadlines' is clearer and more defensible than 'worked at his own pace'
- Best practice: write clearly and directly, avoiding both needless harshness and evasive coding
Frequently asked questions
- Can I legally refuse to give an Arbeitszeugnis?
- No. Swiss law (Article 330a CO) requires you to provide one upon request. You can only refuse if you believe the employee will use it fraudulently, which is very rare. If in doubt, consult a labour lawyer.
- If I use coded language and the employee sues me, what happens?
- The employee or a court may order you to revise the Arbeitszeugnis to be clearer and more truthful. You may also face damages if the coded language cost them a job opportunity and you cannot prove the underlying facts.
- What is the safest way to handle a poor performer's Arbeitszeugnis?
- Document specific, factual observations during employment (missed deadlines, quality issues, attendance records). In the Arbeitszeugnis, state these facts directly: 'X was unable to meet project timelines' is clearer and more defensible than coded language.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.