Reference Check

A reference check (Referenzauskunft) is a formal inquiry to a candidate's former employer or supervisor to verify employment dates, job title, duties, and conduct. It happens after a conditional job offer but before final hire. Swiss employers may request references freely, but must handle candidate data under revDSG; the most common mistake is contacting referees without the candidate's explicit written consent.

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A Referenzauskunft is your request to a previous employer, supervisor, or professional contact to verify a candidate's work history and performance. You typically conduct this after a job interview shows promise but before you extend a final offer.

Swiss employers routinely ask for references—it is standard practice across all sectors and cantons. Unlike some countries, Switzerland has no blanket legal ban on reference checks, but your handling of candidate personal data falls under the Federal Data Protection Act (revDSG).

When and How You Request References

Reference checks arise during the final stages of your hiring process. You have narrowed the field to one or two strong candidates and want to confirm their background before committing.

Always obtain explicit written consent from the candidate before contacting any referee. Email, signed form, or recruitment platform consent all count. Ask the candidate to provide contact details and confirm they have told their referee you may call.

  • Request references only after a promising interview or job offer stage
  • Get written consent from the candidate naming specific referees
  • Contact former direct managers or HR departments, not colleagues alone
  • Ask about employment dates, role, salary, reason for leaving, and reliability
  • Keep records of who you contacted and what you learned
  • Never contact a current employer without the candidate's explicit approval

Your Legal Obligations

Switzerland has no single rule banning reference checks. The revDSG (revised Federal Data Protection Act, in force since September 2023) requires that you collect candidate data fairly and transparently. Consent must be informed and freely given.

You may not mislead a referee or ask them to disclose information the candidate has not authorized. Store referee contact details and notes securely and delete them within a reasonable time after hiring is complete. A lawyer should confirm your process in your canton.

  • Inform candidates in writing that you will contact referees
  • Keep the revDSG requirement for lawful, transparent data handling in mind
  • Do not pressure a referee to reveal sensitive health or disciplinary records
  • Store reference notes securely and delete after hire decision is final
  • Document that you obtained consent before contacting anyone
  • Be aware that some cantons or GAV agreements may impose additional rules

The Most Common Mistake

The single most common error is contacting a referee without documented consent from the candidate. Even if the candidate mentioned a reference in conversation, you need a signed confirmation they authorise that specific contact.

Second mistake: asking a referee to reveal information the candidate did not authorize—such as salary, medical absences, or disciplinary action. Stick to job duties, attendance, and professional conduct. The referee's employer may also restrict what they disclose; respect those boundaries.

  • Always get written consent before any referee contact—verbal is not enough
  • Do not ask for salary details unless the candidate has explicitly allowed it
  • Avoid pressuring referees to discuss confidential or sensitive matters
  • Do not contact a current employer if the candidate has asked you not to
  • Keep your questions job-related and factual, not opinion-based
  • Assume a referee may be legally restricted in what they can confirm

Frequently asked questions

Can I contact a candidate's current employer as a reference?
Only with explicit written consent. Many candidates do not want their current employer to know they are job hunting. Always ask first and respect their wishes. If they say no, do not contact the current employer.
What if a referee refuses to speak to me or gives vague answers?
This is common and legal. Many employers have policies that restrict what HR or managers can disclose. You cannot force a referee to say more. Rely on other references or interviews. Do not assume silence means something negative.
How long should I keep reference notes?
Keep them for a few months after you hire the candidate (or decline them), then delete. If you hire the person, you may keep notes as part of their personnel file per standard Swiss employment record-keeping. Delete referee contact details and notes you will not use for payroll or management.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.

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