The employee's behavior was decent, polite, and flawless. He integrated well into the existing team structures and met all social expectations of the company.
The employee was uncooperative, distant, struggled with superiors or colleagues, and integrated poorly. He was a loner who avoided conflicts but did not seek active collaboration.
Reference letters must evaluate conduct toward colleagues and superiors benevolently (Art. 330a CO, § 109 GewO, § 39 AngG). Minimalist codings that imply social deficits are legally inadmissible. A certificate must not contain omissions that cast a negative light on the employee. Social well-being and teamwork are essential components of modern work performance and must be recognized accordingly. The employer must not use the certificate as an instrument for subsequent disciplinary action. Fair conduct is the basis of harmonious cooperation.
The adjective 'korrekt' (correct) in Swiss and German reference law constitutes an inadmissible restriction, implying a lack of social integration. A potential employer reads from this formulation that the employee complied with formal rules but was isolated in the team or contributed to tensions. This significantly reduces opportunities in the job market. Correcting the formulation to 'exemplary' or 'flawless' is standardly enforceable in court. It is essential to demand a complete and uncompromised evaluation.
An employer may only explicitly mention inadequate conduct if it has permanently disrupted the employment relationship or was grounds for summary dismissal. Hidden innuendos violate the law. However, a merely average behavioral assessment may be permissible if it corresponds to the truth, provided it contains no hidden codes. Any deviation from the benevolence principle requires seamless and legally secure documentation by HR. This ensures the reference letter remains objective and benevolent. The evaluation of conduct in reference letters always requires a delicate balance between the employer's duty of truthfulness and the statutory principle of benevolence. Courts consistently emphasize that the certificate must not unreasonably obstruct the employee's professional advancement. Therefore, ambiguous formulations that sound positive on the surface but carry a negative connotation in industry context are legally inadmissible and establish an enforceable right to correction. The evaluation of conduct in reference letters always requires a delicate balance between the employer's duty of truthfulness and the statutory principle of benevolence. Courts consistently emphasize that the certificate must not unreasonably obstruct the employee's professional advancement. Therefore, ambiguous formulations that sound positive on the surface but carry a negative connotation in industry context are legally inadmissible and establish an enforceable right to correction.
1 Upon termination of an employment relationship, the employee is entitled to a written reference. The reference must at least contain information on the nature and duration of the activity (simple reference). The employee may request that the information also extend to performance and conduct in service (qualified reference). 2 The reference must be formulated clearly and understandably. It must not contain any features or formulations that have the purpose of evaluating the employee differently than is apparent from the wording.
Das Schweizer Bundesgericht verbietet minimalistische Formulierungen wie 'korrekt', wenn diese im Kontext der sozialen Hierarchie ein distanziertes oder unkooperatives Verhalten andeuten. Das Zeugnis muss das Verhalten gegenüber Vorgesetzten und Kollegen transparent und wohlwollend bewerten.
In reference law, a strict hierarchy is established: naming colleagues before superiors implies a flagrant disregard for authority. Such devaluations must be corrected via a formal correction request. We strongly recommend insisting on a complete and harmonious formulation that correctly represents all hierarchical levels. A professional certificate must leave no room for negative interpretations. A formal legal approach secures compliance with these standards. We actively support you in enforcing your claims.
Her conduct toward superiors, colleagues, and customers was always exemplary, loyal, and flawless. She contributed significantly to the excellent teamwork.