Right to a Reference Letter

The statutory right of every employee to receive a written reference letter (Arbeitszeugnis) when the employment relationship ends, set out in § 109 GewO and § 630 BGB.

On request, the reference must be issued as a qualified reference covering performance and conduct during the employment. It must be formulated truthfully, clearly and with goodwill; coded negative wording or unwritten "secret codes" are not allowed. German case law has established a school-grade-like rating scale ("zur vollsten Zufriedenheit" = very good, "stets zur Zufriedenheit" = satisfactory).

For ratings below "satisfactory" the burden of proof lies with the employer; for ratings above it, with the employee. Anyone who receives a reference that is too negative or factually incorrect can demand correction and reissuance – a confidential legal review of the wording is often decisive before starting a new job search.