When an Employee Can Demand an Arbeitszeugnis
An Arbeitszeugnis is a written work reference that an employee can demand at any time during employment or upon termination. Swiss law requires you to issue one within a reasonable timeframe, typically two weeks. The employer's most common mistake is delaying or refusing the request, which can lead to disputes and damage your reputation with future employees.
An Arbeitszeugnis (work certificate) is a factual and evaluation-based document confirming an employee's role, responsibilities, and performance. Unlike a personal letter of recommendation, it is a formal legal document.
Under Swiss employment law, an employee has the right to request an Arbeitszeugnis at any point—during active employment or when leaving. Your obligation is to issue it promptly and honestly.
When the Right Arises
An employee can demand an Arbeitszeugnis during their employment (often before giving notice) or at the moment of termination, whether resignation, dismissal, or end of contract. There is no waiting period.
The request must be met within a reasonable timeframe—Swiss practice treats two weeks as standard. Delaying beyond this risks a complaint to the cantonal labour authority or RAV (regional employment office).
- During active employment: employee may ask for a mid-term Arbeitszeugnis to show future employers
- On departure: must be issued by final day or shortly after
- No probation exception: even employees in the first 90 days can request one
- Part-time staff (e.g. 40% Pensum): entitled to a full Arbeitszeugnis covering that role
- Remote or on-site: method of employment does not change the right
- Language: can be requested in German, French, Italian, or English—provide in the language of the employment contract or region
Your Legal Obligation
Swiss law (ArG article 315a) requires the Arbeitszeugnis to be truthful, complete, and fair. It must cover duties, achievements, conduct, and reasons for departure (if relevant). You cannot refuse or withhold one.
The document is not optional. Refusing a valid request can result in a cantonal labour inspector ruling against you and ordering payment of compensation. Many cantons treat this as a breach of the employment contract.
- Content must be factually accurate—no exaggeration or hidden criticism allowed
- Format: typically one to two pages, signed by management or HR
- Neutral or positive tone: avoid personal remarks unrelated to job performance
- Include start and end dates, job title, key responsibilities, and work quality assessment
- Reason for departure: briefly state if relevant (resignation, redundancy, dismissal for cause)
- No right to amend after issue: once signed, it stands as the official record
The Most Common Mistake
Employers often delay issuing an Arbeitszeugnis, hoping the employee will forget or move on. This backfires: employees follow up with the RAV or canton labour office, creating an official complaint and legal friction.
A second frequent error is writing a vague or coded negative reference—subtle criticism employers think is 'fair' but which a labour court may rule unfair. Swiss courts interpret ambiguous language in the employee's favour.
- Do not delay: issue within two weeks of the request or final day
- Do not refuse because the employee resigned without notice—they still have the right
- Do not include personal comments (e.g. 'difficult personality') unless directly job-related
- Do not use coded language like 'gave his best' or 'worked as instructed'—courts see this as concealed criticism
- Do not omit key roles or responsibilities to make the CV look weak
- Do not require the employee to sign a non-disparagement clause in return—this is not permitted under Swiss law
Frequently asked questions
- Can I refuse an Arbeitszeugnis if the employee was dismissed for cause?
- No. Even an employee dismissed for theft or gross misconduct has the right to an Arbeitszeugnis. You must issue one truthfully (stating they were dismissed and why, if relevant) but you cannot refuse. Refusal itself is a violation of employment law.
- What if the employee asks for one while still employed and I am concerned it will help them leave?
- You must issue it. An Arbeitszeugnis during active employment is a legal right. If you fear talent loss, address it through retention conversations or competitive pay—not by withholding documents.
- Can I charge a fee for issuing an Arbeitszeugnis?
- No. The Arbeitszeugnis is a legal obligation tied to the employment relationship. Charging a fee is not permitted under Swiss labour law. Admin costs are yours to bear.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.