Personnel File (Personaldossier)
A Personaldossier is the official employee record you must keep for each worker in Switzerland. It documents hiring, salary, performance, absences, and termination. Swiss employment law (ArG) requires you maintain it securely; data protection law (revDSG) governs who can access it. The most common error: keeping personal notes outside the official file, creating compliance and privacy risks.
A Personaldossier is your complete, official record for each employee. It includes the employment contract, pay slips, Arbeitszeugnis (work reference), absence records, and any performance or disciplinary documentation. You must maintain it during and after employment.
This file is not optional—Swiss employment law (Arbeitsgesetz, ArG) expects employers to document key employment facts. The revised data protection law (revDSG) sets strict rules on what you store and who can access it.
When the Personaldossier Matters
You create a Personaldossier the moment you hire someone. It stays active throughout employment and must be kept for a period after termination—typically 5 years for tax and wage records, longer for certain disputes.
The file becomes critical during disputes: wage claims, unfair dismissal challenges, or canton labour inspectorate audits. If you cannot produce documentation, you risk losing credibility in court or facing fines from cantonal authorities.
- Hiring: contract, CV, references, background checks (if any)
- Ongoing: pay slips, tax declarations, Quellensteuer records, pension contributions
- Absence: sick notes, holiday approvals, unpaid leave decisions
- Performance: warnings, promotions, salary reviews, training records
- Departure: final Arbeitszeugnis, settlement letters, non-compete agreements
- Retention: store securely; minimum 5 years post-employment for compliance
Your Legal Obligations
Under the ArG and cantonal employment laws, you must document employment terms clearly and retain records. The revDSG requires you to process only necessary personal data, keep it accurate, and protect it from unauthorized access.
You cannot share the Personaldossier with third parties without consent—except to authorities (tax, social insurance, RAV/ORP/URC) or in court proceedings. Employees have a right to see their own file on request.
- Write down Pensum, salary, and working hours in the contract and file
- Document every change: raises, Pensum adjustments, role shifts
- Keep the file physically or digitally secure; limit access to HR/management only
- Do not mix personal opinions with factual performance records
- Provide copies to employees if they request them in writing
- Ensure data is correct and remove outdated material when legally possible
The Most Common Mistake
Many small employers keep informal notes—emails, WhatsApp messages, or handwritten observations—outside the official Personaldossier. This creates two problems: you lose control of what's documented, and you breach revDSG by processing personal data without clear purpose.
If a dispute arises, informal notes can be used against you in court, or they expose you to data protection complaints. Keep only what belongs in the file; delete casual communications.
- Do not save private email exchanges or chat logs about employees in scattered folders
- Do not keep personal judgments ('difficult personality') in the file; stick to documented facts
- Do not assume informal notes are off-limits in legal proceedings—they are discoverable
- Create a single, centralized file per employee with clear retention schedules
- Train anyone with access (co-founder, office manager) on what goes in and what doesn't
- When in doubt, consult a local HR lawyer; canton rules and case law vary
Frequently asked questions
- How long do I have to keep a Personaldossier after someone leaves?
- Minimum 5 years for wage, tax, and social insurance records under Swiss law. Some cantons or specific disputes may require longer. Check your canton's employment office or ask a lawyer for edge cases like ongoing litigation.
- Can an employee see their own Personaldossier?
- Yes. Under revDSG, employees have a right to access their personal data. Provide a copy promptly if they request it in writing. You may redact third-party references or sensitive security information—ask a lawyer if unclear.
- What if I have not kept a proper file and now face a wage dispute?
- Missing documentation weakens your legal position. Swiss courts often favour the employee's account if the employer cannot produce evidence. Contact an HR lawyer immediately; you may still defend yourself, but the burden is heavier.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.