Giving a Reason for Rejection
Swiss law does not require you to give a written reason when rejecting a job candidate. However, if a candidate asks directly, good practice suggests a brief, factual response. The mistake most employers make: staying silent when a candidate requests feedback, which can look evasive and damages your employer brand.
In Switzerland, you have no legal obligation under the Employment Act (ArG), Recruitment Act, or cantonal employment law to provide written reasons for rejecting a candidate. The recruitment process is largely in your hands.
That said, candidate experience matters. Many Swiss employers now provide brief, honest feedback—especially to candidates who make it to later rounds or ask directly. This is good practice, not law.
When the obligation arises
Rejection reasons only become relevant if a candidate suspects discrimination. Under the revised Data Protection Act (revDSG), candidates have the right to ask why you rejected them and to understand how your decision was made—particularly if automated screening was involved.
If a candidate invokes suspected discrimination based on age, gender, origin, religion, or other protected grounds, you should be prepared to explain your selection criteria clearly. Documentation of your hiring process is your protection.
- No written rejection reason required by Swiss law
- Candidate has data access rights under revDSG if they ask
- Discrimination claims shift burden of proof to you
- Canton-specific laws rarely add rejection notification duties
- Silence is legal but can invite complaints
- Written records of your selection process protect you
Your obligation in practice
Best practice: respond promptly to rejections, ideally within 2–3 business days. A one-line email confirming rejection is sufficient; you do not need to explain in detail unless the candidate asks or your internal process requires it.
If asked, provide a factual, brief reason tied to job requirements—not personality or appearance. 'Another candidate had more relevant Pensum experience' is defensible. 'We didn't feel a chemistry' is not.
- Respond to candidates promptly and courteously
- Keep rejections brief and role-focused
- Document why the chosen candidate was selected
- Avoid subjective language ('not a culture fit')
- Save written explanations only if candidate requests
- Be consistent: treat similar candidates similarly
The most common mistake
Employers often ignore rejection requests or send automated rejections with no acknowledgement. This frustrates candidates and leaves no trace of your reasoning if a dispute arises later.
A simple, honest email—'We selected a candidate with more directly relevant experience'—takes 30 seconds and protects your reputation and legal standing. Silence suggests bias, even when there is none.
- Ignoring candidate follow-up questions signals indifference
- Vague rejections create suspicion of discrimination
- No paper trail makes it hard to defend yourself later
- Personalized (not template) responses improve employer brand
- Candidates talk: word-of-mouth damage spreads quickly
- A brief explanation costs nothing and buys goodwill
Frequently asked questions
- Do I have to give reasons if a candidate sues for discrimination?
- Not proactively, but under revDSG you must explain your decision process if asked. You do not need to apologize or change your mind. A clear, documented hiring rubric is your best defense. Consult a lawyer if you face a formal complaint.
- What if my industry has a Gesamtarbeitsvertrag (GAV) with special hiring rules?
- Some GAVs specify notification duties or trial-period rules, but not rejection reasons. Check your sector's GAV. Your trade association or lawyer can confirm whether extra transparency duties apply.
- Should I tell candidates the chosen candidate's name or salary?
- No. You can confirm that another candidate was selected and offer a reason tied to job fit—nothing more. The winner's details are private.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.