Job References in Switzerland: Reference Checks, Reference Letters and What Is Allowed

In Switzerland, many employers call former managers before they hire someone. Such a reference check (Referenzauskunft) is only allowed with the candidate's consent, and it must not depart from the work certificate. There's also the written reference letter (Referenzschreiben), which is common in English-speaking countries and appears in Switzerland mainly in international applications.

Three documents, three purposes

The work certificate (Arbeitszeugnis) is a statutory right under Art. 330a of the Swiss Code of Obligations (CO). It's written, signed, and has to be truthful, benevolent, complete and clear.

The reference check is usually a phone call between the new and the former employer. Nobody has a right to one, neither the candidate nor the new employer. The former employer can also decline to give one.

The reference letter is a personal letter in which a former manager recommends someone. It's voluntary and hardly formalised. There's more on it in Swiss Work Certificate in English.

Consent

An employer may only process data about employees to the extent that it concerns their suitability for the job or is needed to perform the employment contract (Art. 328b CO). A reference check gives information about performance and personality. That's why it needs the consent of the person concerned, and on both sides. The new employer may only contact references the candidate has named, and the former employer may only give information if the candidate agrees.

In practice, this means the candidate lists reference persons in the CV or names them in the interview. An employer who calls the candidate's current employer without checking first breaches data protection and, in the worst case, risks the candidate losing their job.

What a reference may say

A reference has to be true and must not depart in substance from the work certificate. If the certificate confirms very good performance, the reference can't suddenly report serious problems on the phone. The reference may, however, add detail to the certificate, for example with examples from a project.

Questions about health, private life, pregnancy or salary have no place in a reference check, unless the candidate has expressly agreed that the salary may also be confirmed.

Tips for candidates

• Ask your reference persons beforehand whether they're willing, and tell them which job you're applying for.
• Give references only once the interest is concrete, not in your first application letter.
• Name your current employer only if it knows about your application.
• Make sure the certificate and the reference fit together. A reference person who praises you while their company gave you a mediocre certificate raises questions.

Tips for employers giving a reference

Check whether the candidate has agreed to the reference, and if in doubt ask which position it's for. Stick to facts and to what the certificate says. Keep a short note of when you gave which information to whom.

The work certificate comes first

A good reference doesn't replace a good certificate. The certificate goes with every application, and the reference comes later. If you want to check your certificate or write a new one, our guide to Swiss work certificates covers the basics.

Write a work certificate with ZeugnyAI →

General information, not legal advice for individual cases.