Some jobseekers in Switzerland have complained about being asked, during a recruitment process, to provide an extract from a debt enforcement office proving a clean financial record. But is this practice legal?
Swiss media has reported that some job candidates have been asked to provide this document for all kinds of jobs – including as a locomotive driver.
“I would have understood this request for a position as a croupier in a casino, but for many others, it doesn’t make sense,” one jobseeker said.
So the obvious question which arises here is: are companies allowed to ask for this information?
But first: What exactly is an extract from a debt enforcement office?
Simply put, it is an official certificate stating whether any debt enforcement proceedings have been opened against you in the past five years.
It can be requested online, against a small fee, from your canton’s debt collection office (Betreibungsamt in German, office des poursuites in French, and ufficio esecuzioni e fallimenti in Italian).
It is commonly requested when you want to rent an apartment, seek mortgage or any other kind of loan and, if you are a foreigner, apply for naturalisation.
In all of the above cases, having landed in trouble with law for unpaid debts is an impediment to a successful conclusion.
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What about employment?
Whether a company can legally ask you to provide your debt certificate depends on what kind of job you are applying for.
It is a valid request for jobs involving financial responsibility, for instance.
According to David Raedler, an attorney specialising in labour law, such a document may be required only “in certain cases, if it relates directly to the position.”
He cited jobs such as an accountant, a banker, or an insurance professional as examples of where a debt document could be needed, “but not as a general rule.”
Another ‘extract’ is, however, required
While the obligation to provide a debt document is not universal, Swiss employers can – and do – ask all candidates to include an extract from their criminal record (Strafregisterauszüge/ carnet judicaire / Estratto del casellario giudiziale) to their application.
This extends to all jobs, rather than being limited only to certain fields.
READ MORE: What is a ‘criminal records extract’ and what do you need it for in Switzerland?
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‘Going too far’
In fact, there is a long list of things that employers in Switzerland cannot ask job applicants – including about their personal life, medical history, sexual orientation, religion, and ethnicity.
According to the Federal Data Protection and Information office, “Employers may only ask an applicant for the information and documents needed to determine whether the applicant meets the requirements for the job and is suited to the business. If the job is as a cashier, for example, an employer may ask applicants if they have ever been convicted of a crime of dishonesty. But systematically asking candidates about convictions that are spent or that have no relevance to the job in question would be going too far.”
