Certificate of Employment or Employment Reference - Working-in-Germany
 
Addresses Events Training Products Forum Login
 

Working End > Change of Job > Certificate of Employment

Contents of a Qualified Employment Certificate

Definition, Explanation Tips, Checklist

Definition, Explanation

For centuries, there have been regulations in Germany on the written certifying and evaluation of performed work. With enforcement of Civil Code (BGB) in 1990, the worker’s entitlement to a working certificate was constituted. Every employee was going to be entitled to get it.

Today’s entitlement to job certificates, since Jan 1 2003, is based on § 109 of Trade, Commerce and Industry Act (GewO). For employees of public service, corresponding master agreement contracts are made.

Generally, anyone employed in some way is entitled to get a job certificate written by the employer. Also interns, temporary workers, part time employees, apprentices, fixed-term employees and employment-agency workers can demand one.

There are two kinds of job certificates distinguished: the simplequalified certificate. While the simple certificate documents only the kind and duration of performed activities, the qualified certificate contains both an evaluation of the “conduct in employment” and a performance record, where performances include professional as well as extra-professional like “soft skills”. certificate and the

The countries of Europe in which you are entitled to a job certificate are Germany and Switzerland. However, it must be requested by the employee. The due date for the certificate, with exceptions, is the last day of the employment. The limitation period within which the certificate can still be requested is three years. This period can end early if the employee gives the impression by his behaviour that a certificate is not wished.

In certain cases, an employee can request a so-called interim certificate. This makes sense when something fundamental about the employment changes, e.g. the boss, the job description, or when parental leave or sabbatical are taken etc.

Three legal principles are the basic guidelines for writing an employment certificate:

  • Duty of truth
    Everything certified must be true. Everything must be included that a future employer can have justified, approvable and legitimate interest in
  • Benevolent formulation
    It must be formulated benevolently and must not unnecessarily hinder the progression of the employee
  • Completeness
  • It must be complete, that is without gaps. It must contain everything that a reader of the certificate normally expects. For a salesman, that is e.g. the finesse in negotiating and successful sales

Jurisdiction furthermore says:

  • As an employee, you can request your certificate to be written on the company paper including letter head etc. It must not contain errors of spelling or grammar. The same for bends in the paper, damages and dirt. For the purpose of sending by post, the paper may be folded twice, as long as it remains able to be copied. This means, on a copy, the folding lines must not appear black
  • You can demand the employer or an authorized representative to sign the certificate. The person must be higher in rank than you are, respective than the employee is
  • The reason and the way of the quitting of the employment must not be mentioned without consent of the employee
  • Formulation must not be ambiguous. There are no other restrictions on word choice or formulation. The employer is free to use so-called certificate codes. The only condition is that the reader will know how the performance of the employee is evaluated
  • An employee owes performance “of medium sort and quality” (§ 243, art. 1, BGB). This corresponds to the evaluation judgement of satisfying. If the employee wishes to get evaluated better than that, he has the obligation to produce evidence. The same for the employer if they want to evaluate worse than satisfying
  • There is no entitlement to any closing phrase: Regrets, wishes for the future or gratitude expressed are totally free voluntary to the employer. No obligation
  • The certificate, in Germany, must be made in German language, even by a foreign company

The legal instruction to formulate benevolent certificates without unnecessarily hindering the progression of the employee (BGH Nov 26 1963, DB 1964, S. 517) has induced the coming about of a wide public evaluation code in certificates that makes certificates appear to be meant better than they are. This code is similar to German school marks of 1 (very good) to 6 (very bad):

  • Having worked “satisfyingly” (zur Zufriedenheit), really means mark 4
  • “Fully satisfying” (zur vollen Zufriedenheit) stands for an average performance marked 3
  • Fullest satisfaction (vollste Zufriedenheit) marks 2
  • Whereas very good performance is phrased “always achieved fullest satisfaction” (stets zur vollsten Zufriedenheit)

This coding, or a very similar along those lines is completely allowed per judicial decree. Other, less obvious techniques of formulation are no longer permitted since legal dictate of clearness of 2003. This does not say that they are not used. On seminars for executives in personnel, extensive coding techniques and secret codes are still being taught.

Critics today doubt the sense and credibility of a job certificate of that kind, because due to the many restrictions and prohibtions on formulation that are in favour of the employee, the expressiveness seems to have been largely reduced.

Tips, Checklist

  • Be sure to get a certificate whenever change of jobs, dismissal or insolvency occur
  • In case you have missed to get some certificates, check your possibilities to post-request
  • Make sure your certificates are complete
  • If your employer does not make up a certificate without your request, request one. If you do not get one then, make one up on your own and have it signed by your boss
  • Also get interim certificates, that is although the employment might continue
  • Check any received job certificate thoroughly regarding the legal regulations: Does it contain forbidden things that are to your disadvantage? Then complain and get a new one
  • Familiarize yourself with the “secret code”
  • Never falsify a job certificate! When you apply, the companies often request for the originals. A discovered falsification can result in instant cancellation and criminal information
  • Not to be written into a certificate are:
    • Extra-duty behaviour or events of private life
    • Indications of alcoholism as a disease or other health matters
    • Mentioning of disablement
    • Comments on works council activities
    • Reasons for a dismissal
    • Hints towards temporary decrease in performance
    • Information on side jobs
    • Information on political party or trade union membership
    • Information on participation in strikes or lockouts
    • Periods of vacation or education
    • Pregnancy
    • Information on remuneration
    • Any behaviour having been the reason for an Abmahnung
    • Breach of contract, criminal records or crimes as far as they are not related to the employment
    • Suspicion of crimes
    • Restraints on competition



Last update: 03/01/2010
Newsletter
First name
Last name
Email *
save


Copyright: Angela Bauer