Your right to a reference does not depend on how the job ended
Art. 330a OR applies regardless of who ended the employment and why. Whether you resigned, were made redundant, were dismissed for performance reasons or left by mutual agreement, you are entitled to a reference that is truthful and benevolent. The employer may not use the reference to punish you, and it may not hide relevant facts either.
If you would rather not have your performance assessed at all, you can ask for a confirmation of employment instead. For longer employments, however, recruiters often find that more suspicious than a balanced full reference.
The reason for leaving and how it is read
The way a letter describes your exit is read very closely. Typical formulations and their usual interpretation:
- «verlässt uns auf eigenen Wunsch» (leaves at their own request) — you resigned; neutral to positive.
- «im gegenseitigen Einvernehmen» (by mutual agreement) — often read as an employer-initiated exit.
- «aufgrund einer Reorganisation» or «aus wirtschaftlichen Gründen» (due to restructuring or economic reasons) — makes clear the exit was not about you.
- No reason at all — readers may assume a dismissal.
If you were made redundant
If your position was eliminated because of restructuring or cost cutting, ask for that to be stated explicitly. A sentence such as «Das Arbeitsverhältnis endet aufgrund einer Reorganisation, die zur Aufhebung der Stelle führte» protects you from the assumption that you were let go for personal reasons. Employers generally have no reason to refuse a truthful statement of this kind.
If you were dismissed for performance or conduct
A reference after a dismissal may legitimately contain a modest assessment if that reflects the whole employment. But it must reflect the entire period, not just the difficult final months, and it must not include unnecessary negative details. In Swiss practice, the reason for termination is generally not stated against the employee's wishes unless it is essential for a truthful overall picture.
Illness is a sensitive topic. As a general rule in Swiss practice, health issues are only mentioned in a reference if they significantly affected the employment as a whole. If your letter mentions absences, check whether that is really justified.
Termination reasons are a separate document
Under Art. 335 OR, the party giving notice must state the reasons in writing if the other party requests it. That written statement is separate from your reference letter and serves a different purpose. Similarly, the form your employer completes for the unemployment insurance (Arbeitgeberbescheinigung) is not a reference. Do not confuse these documents — and do not let a harsh termination letter set the tone of your reference.
Negotiate the reference as part of the exit
If you are discussing a termination agreement, the reference is one of the most valuable things you can negotiate. Ask for the text of the reference to be agreed and attached to the agreement, so there are no surprises later. Practical steps:
- Ask for an interim reference immediately if a dismissal seems likely.
- Request the final reference in writing well before your last working day.
- If you negotiate an exit agreement, agree the reference wording in it.
- Check the letter for coded phrases and missing elements before accepting it.
- If it is unfair, request a correction in writing, with concrete wording.
Timing
Your claim to a reference generally falls under the ten-year limitation period of Art. 127 OR. After a dismissal, however, it is especially important to act fast: you will want the letter for your applications, and the people who knew your work may leave the company. If you are leaving Switzerland, make sure you have the final reference before you go.