Employment Law Knowledge
Employment reference in Germany: content and correction
How to review the description of duties, performance, conduct, closing formula and possible corrections in a German employment reference.
Employees in Germany may be entitled to an employment reference when the employment relationship ends. A distinction is made between a simple reference and a qualified employment reference.
Simple and qualified employment references
A simple employment reference generally states the nature and duration of the employment.
A qualified employment reference additionally assesses the employee’s performance and conduct during the employment relationship.
Review the description of duties
The description of duties should accurately and comprehensively reflect the work actually performed.
The review may include:
- job title and position
- principal duties
- areas of responsibility
- decision-making authority
- personnel responsibility
- budget responsibility
- significant projects
- professional development
- changes in role or promotion
For executives and employees with management duties, an incomplete description of responsibilities may materially reduce the value of the reference.
Assess performance as a complete picture
The overall assessment does not depend only on one summarising sentence.
Relevant elements may include:
- professional knowledge
- willingness to work
- initiative
- reliability
- working methods
- resilience
- quality of work
- quantity of work
- achievement of objectives
- overall results
Individual phrases should be read together. A positive overall formula may be undermined by omissions, inconsistencies or weaker assessments in other sections.
Review conduct and leadership performance
The conduct assessment may address behaviour towards supervisors, colleagues, employees, clients and external business contacts.
Where the employee had management responsibility, the reference may also need to assess leadership style, delegation, motivation, personnel development and the results achieved by the team.
Check clarity and internal consistency
A German employment reference should be clear and understandable.
The following issues may require closer examination:
- contradictory assessments
- unexplained omissions
- an incomplete description of duties
- factual errors
- an overall assessment inconsistent with individual sections
- wording that creates an unintended negative impression
- an unsuitable issue date or signature
Consider the closing formula separately
Expressions of thanks, regret and good wishes are widely used in practice.
A particular positive closing formula is not automatically required in every case. Where the wording is important, it may be useful to regulate it expressly in a termination agreement, settlement or other binding agreement.
Request corrections precisely
If the reference is incomplete, contradictory or factually incorrect, the requested correction should be identified as precisely as possible.
A structured request may:
- identify the relevant passage,
- explain the factual or evaluative issue,
- provide supporting information, and
- state the requested wording or correction.
The employment contract, job description, performance reviews, target agreements and other employment documents may assist in substantiating the requested changes.
Review the reference before using it
An employment reference should be reviewed before it is submitted with applications or used in professional negotiations.
The complete document should provide a coherent and accurate picture of the employee’s duties, performance, conduct and professional responsibility.