Disputing a testimonial: Your rights

Testimonials accompany us throughout our entire working lives and are important for our careers – this means they lead to legal disputes only too often. Negative wording, inaccurate descriptions of work performed, a lack of appreciation – Disputes over testimonials are among the most common cases in labor law for which employees and employers meet in court.

Is there a legal entitlement to a testimonial?

According to Art. 330a of the Swiss Code of Obligations (SCO), employees are entitled to a testimonial at any time. This entitlement applies both during an existing employment relationship in the form of an interim testimonial and after it has ended with a final testimonial.

Employees have two options: a qualified testimonial, known as a full reference, which also assesses performance and conduct, or a confirmation of employment which is limited solely to the type and duration of the employment relationship.

There is also an apprenticeship certificate which is issued to apprentices after they have completed their basic vocational training. As a minimum, it contains information on the occupation learned and the duration of the training.

The right to a qualified testimonial applies regardless of the reason for the termination of the employment relationship. On request, the reference can be limited to a neutral confirmation of employment without information on conduct or reason for termination. If an employment relationship is terminated during the probationary period, a simple confirmation of employment is often sufficient in practice.

What content must be included in a testimonial?

A qualified testimonial (full reference) should contain the following information:

• Identity of the employee (full name, possibly date of birth) and employer (name and location)
• Information about the position: start and end of employment relationship, level of employment (e.g. part-time work), department and hierarchical classification
• Activities and functions: detailed list of relevant tasks, responsibilities, job titles and, if applicable, timeline of employment (e.g. promotions or job changes within the company)
• Statement of performance: meaningful evaluation of work quality, efficiency, commitment, expertise, resilience and initiative
• Behavioral assessment: assessment of conduct towards line managers, co-workers, external partners and customers
• Reason for the testimonial (optional): in the case of interim testimonials, usually "at the request of the employee"; in the case of final testimonials, the reason for leaving can be mentioned on request
• Final wording (not mandatory, but usual): thank you for your work, regret your departure and wish you all the best for the future

The importance of the statement of performance

A key component of the testimonial is the statement of performance. It provides information about the quality of work, commitment and competencies of the employee. This assessment is particularly relevant for future employers, as it has a direct influence on their decision-making in the application process.

The description of performance must be clear, specific and complete. Depending on the length of the employment relationship, different requirements apply in terms of detail. In the case of long-term employment, a brief statement is insufficient in legal terms. The assessment must cover all relevant areas of responsibility, such as management responsibility or project-related activities.

If several areas of activity were carried out, it is customary to evaluate them individually and also to formulate a summary overall assessment.

However, there is no entitlement to a very good rating. The testimonial must be truthful and objectively portray the performance, adapted to the function, industry, and operational expectations. Anyone who is dissatisfied with an assessment must be able to show that a better appraisal would be justified. In such cases, previous interim testimonials or employee assessments can serve as evidence.

Reference to the reason for departure and closing formula in the testimonial

Whether the reference states that an employment relationship was terminated at the employee’s own request is generally at the employee’s discretion. On request, the employer must state this reason, otherwise the impression may be given that the employment relationship was terminated by the employer.

However, the reason for leaving may also be mentioned against the employee's wishes so as not to create an objectively false impression, for example in the case of serious misconduct. However, the final wording with thanks, regrets and good wishes is purely voluntary. There is no legal entitlement to this personal note.

Prohibited content and topics in a testimonial

• Political affiliation and activities
• Details of a non-competition clause
• Sexual orientation
• Information about the person's private life
• Personal values and religion
• Financial or family situation
• Leisure habits and hobbies
• Relationships, both personal and at work
• Medical diagnoses or suspicions

Deadline for correcting a testimonial

Employees generally have ten years to have a testimonial issued or amended. In the case of a final testimonial, this statutory limitation period begins with the end of the employment relationship.

Self-composed testimonial – what is allowed?

Your employer is legally obliged to provide you with a testimonial. You are therefore not entitled to write your own testimonial, but your employer cannot require you to write one yourself either.

However, amicable solutions are possible – for example, if you write your testimonial yourself and your employer then signs it. In these circumstances you should remember that your employer has a duty to tell the truth, and could be held liable and punished if they issue an inaccurate testimonial.

In practice, employees often provide their line managers with a draft, especially in the case of international companies or if a testimonial is written in English. Here too, the responsibility for the content remains with the employer.

Testimonials between goodwill and truth

A testimonial is intended to promote the employee’s professional future and facilitate access to new jobs. For this reason, the law requires the testimonial to be worded favorably.

But goodwill ends where the duty of truth begins. The main purpose of a testimonial is to give potential new employers an honest and meaningful picture. Truthful but negative statements may – and must – be mentioned if they are essential for the overall assessment. However, such facts must be presented gently and objectively. That said, minor irrelevant incidents have no place in a testimonial.

What do I do if I'm given an inaccurate testimonial?

If you do not agree with the content of your testimonial, you should first talk to your employer. Negative wording is not always the result of malicious intent – it is often the result of uncertainty or a lack of experience in drafting testimonials. It is helpful to submit specific suggested changes and to back them up with examples from your professional practice. The next step is to submit a written request for correction, ideally with a draft testimonial attached as a counter-proposal.

In this case, set a reasonable deadline of around 14 days for the revision – if necessary, indicating that you are considering legal action. If this also fails to reach an agreement, you can enforce your claim in court. First, a request for mediation must be submitted to the responsible office. If no agreement is reached in the conciliation procedure, you will receive permission to sue and can assert your claim in court.

Codes and coded wording in testimonials

Coding is generally prohibited in testimonials. Coding refers to hidden cues or phrases that experienced people interpret negatively, even though they sound positive. A common example is the phrase "always made an effort," which indicates that although the efforts were there, the benefits were inadequate.

Coding can also occur by omitting certain information, for example, if the behavior of employees towards team members and customers is positively described, but the behavior towards managers is not mentioned. This can lead to a negative assessment.

Despite these restrictions, there is room for favorable language in the testimonial. In this way, negative facts must not be formulated directly and sharply. Instead, it is customary to present them moderately in order to protect the employee's wellbeing. This is not coding, but is meant to convey the truth in a fair and respectful way.

Frequently asked questions about testimonials