A description of the employee’s curriculum within the company
If his new employer also falls victim to the same disloyal practices, the company which has issued the misleading employment certificate will be held responsible. In Swiss Law, this would typically be the case when an employee who has embezzled his company is hired on the basis of a certificate that does not mention the fraud. It should also be noted that employers bear a responsibility towards both departing workers and their future employers. Indeed, issuing a very good employment certificate that does not correspond to reality – and which could hide a case of embezzlement, for example – can be regarded as an unlawful act and have consequences for the employer in terms of legal liability. The employment certificate should reflect the employee’s actual performance and behavior, yet it may contain no pejorative term. The causes of the termination should not be mentioned in the employment certificate, but rather in a termination letter that exposes the reasons for the end of the employment relationship. Obviously, these motives should also be discussed in the course of the dismissal interview (guidelines). An assessment of the departing employee’s performance and behavior.The dates of the employee’s arrival and departure from the company.The detailed description of the employee’s curriculum within the company and the different positions he/she has held.
It is also the company’s duty to issue an intermediary certificate at the employee’s request. This document must in any case be produced in writing and printed on a sheet of paper that clearly mentions the company’s name and location. Moreover, it should contain the following information: The employment certificate is an integral part of the employment relationship and should thus be delivered to each employee upon termination of their employment contract (writing guidelines).