{"id":178,"date":"2026-07-02T11:38:55","date_gmt":"2026-07-02T11:38:55","guid":{"rendered":"https:\/\/www.mth-partner.de\/rechtsanwaltsblog\/?p=178"},"modified":"2026-07-04T08:41:00","modified_gmt":"2026-07-04T08:41:00","slug":"arbeitsrecht-grundsatzliches-zum-arbeitszeugnis-formulierungen-schlussformel-etc","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/german-labor-law-fundamentals-of-the-work-reference-phrases-closing-formula-etc\/","title":{"rendered":"The Employment Reference: Entitlement, Content, Phrasing, and What You Need to Know in 2026"},"content":{"rendered":"

You have cancelled<\/a> \u2013 or your <\/span>Your employer has terminated your employment<\/span><\/a>. In both cases, sooner or later, a question arises that many employees only consider late on: What does my reference look like? And what can I do if it's incorrect?<\/span><\/p>\n

In German employment law, the reference letter is far more than a formality. It is your professional business card \u2013 a document that is read with every application and helps decide your chances on the job market. Therefore, the legislator has laid down clear rules on who receives a reference letter, what must and must not be included in it.<\/span><\/p>\n

This article explains the current legal situation as of 2026, including the possibility of electronic employment references since January 2025 and the latest case law of the Federal Labour Court concerning the closing formula.<\/span><\/p>\n

Please note: This article is for general guidance only and does not constitute individual legal advice. Every case is different \u2013 you should consult a lawyer with experience in employment law for your specific situation.<\/span><\/i><\/p>\n

<\/span>Anyone who has a contract of employment is entitled to an employment reference. This applies to both full-time and part-time employees, as well as apprentices and trainees.<\/b><\/span><\/h2>\n

The central provision is \u00a7 109 of the Trade Regulation Act (Gewerbeordnung - GewO). It states unequivocally: Every employee is entitled to a written reference upon termination of the employment relationship. In addition, \u00a7 630 of the Civil Code (B\u00fcrgerliches Gesetzbuch - BGB) regulates the entitlement for persons engaged in service, and \u00a7 16 of the Vocational Training Act (Berufsbildungsgesetz - BBiG) regulates the entitlement for apprentices.<\/span><\/p>\n

Not only classic full-time employees are entitled to this. Part-time workers, fixed-term employees, minijobbers, trainees, interns (provided it is not purely a taster internship), homeworkers, and persons similar to employees can also request a certificate. For temporary agency workers, the entitlement lies with the lending company \u2013 not the hiring company where they actually worked.<\/span><\/p>\n

The claim arises upon termination of the employment relationship. However, you do not have to assert it on the last day. According to the consistent case law of the Federal Labour Court (BAG), you can request a provisional certificate as soon as the notice of termination has been issued \u2013 so that you are not left empty-handed for ongoing job applications.<\/span><\/p>\n

<\/span>Simple and qualified employment certificate \u2013 what's the difference?<\/b><\/span><\/h2>\n

\"Infographic<\/p>\n

The law distinguishes between two types of certificates. You decide for yourself which one you receive \u2013 because \u00a7 109 of the Trade Regulation Act (GewO) gives the employee a right of choice.<\/span><\/p>\n\n\n\n\n\n\n
<\/td>\nSimple testimonial<\/b><\/td>\nQualified certificate<\/b><\/td>\n<\/tr>\n
Contents<\/b><\/td>\nName, Occupation, Type and Duration of Employment<\/span><\/td>\nSimple testimonial, with additional performance and conduct assessment<\/span><\/td>\n<\/tr>\n
When does it make sense?<\/b><\/td>\nFor short employment periods or when an appraisal is not desired<\/span><\/td>\nStandard case \u2013 the more clearly meaningful option for each application.<\/span><\/td>\n<\/tr>\n
Legal basis<\/b><\/td>\n\u00a7 109(1) of the Trade Regulations Act, sentence 2<\/span><\/td>\nSection 109, Paragraph 1, Sentence 3 of the Trade Regulation Act<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

In practice, the vast majority of employees request a qualified reference \u2013 and for good reason: Without a statement on performance and conduct, the next employer is missing precisely the information they pay most attention to when assessing applications.<\/span><\/p>\n

<\/span>Format of the employment reference: paper, signature \u2013 and from 2025 also digital<\/b><\/span><\/h2>\n

\"Vertical<\/p>\n

As a general rule, the employment reference must be issued in writing \u2013 on company headed paper, in uniform typewriting, clean and free of smudges, corrections, or handwritten additions. The reference is to be signed by hand by the employer or a person authorised to represent them. An email or a simple PDF has not been sufficient up to now.<\/span><\/p>\n

New since 1 January 2025: <\/b>With the Bureaucracy Relief Act IV, the legislator amended \u00a7 109 para. 3 of the GewO (Trade, Commerce and Industry Regulation Act). Since then, the employment reference can also be issued in electronic form \u2013 however, only under two conditions:<\/span><\/p>\n

Firstly: <\/b>The employee must expressly agree to the electronic form. Anyone who wants a paper certificate continues to have a full entitlement to it.<\/span><\/p>\n

Secondly: <\/b>The electronic certificate must be provided with a qualified electronic signature (QES) according to \u00a7 126a BGB. A simple email signature or a scanned PDF is not sufficient.<\/span><\/p>\n

In practice, the paper form is likely to remain the rule for the time being \u2013 not least because the QES is not yet established in many companies and an electronically signed certificate cannot be backdated, which becomes a problem if the certificate is issued late.<\/span><\/p>\n

<\/span>Structure and Content of a Qualified Employment Reference<\/b><\/span><\/h2>\n

A qualified employment reference follows a fixed structure that has become established in practice over decades. Deviations from this structure are noticeable \u2013 and can be detrimental to the employee.<\/span><\/p>\n

<\/span>1. Heading and Introduction<\/b><\/span><\/h3>\n

The certificate begins with the heading and states the employee's full name, date of birth, and the start and end of the employment.<\/span><\/p>\n

<\/span>2. Description of activities<\/b><\/span><\/h3>\n

Here, the tasks assigned to the employee are described as completely and accurately as possible, so that <\/span>expert third party<\/span><\/i> can get an appropriate picture of the perceived scope of duties. The job description is purely descriptive \u2013 it does not evaluate, but rather presents.<\/span><\/p>\n

<\/span>3. Performance Review<\/b><\/span><\/h3>\n

This section assesses the employee's expertise and skills, their work approach (e.g., diligence, initiative, resilience), and their work success. It also contains the crucial satisfaction formula, from which the overall grade can be read.<\/span><\/p>\n

<\/span>4. Behavioural Assessment (Leadership)<\/b><\/span><\/h3>\n

The behaviour towards superiors, colleagues, employees and, where relevant, customers and business partners is described here. Pay attention to the <\/span>Sequence<\/b>If superiors are not mentioned first, this can have a negative connotation in the language of testimonials.<\/span><\/p>\n

<\/span>5. Termination clause and closing remarks<\/b><\/span><\/h3>\n

At the end, the reason for leaving (at the employee's request) is stated, along with \u2013 often but not always \u2013 a thank you and good wishes. More on this shortly.<\/span><\/p>\n

<\/span>Report card language: What the phrasing really means<\/b><\/span><\/h2>\n

The employment reference is subject to two principles that are in a certain tension: the duty of truthfulness (principle of reference truthfulness) and the duty of benevolence (\u00a7 109 (2) GewO). The employer must not place obstacles in the employee's professional path \u2013 but they are also not obliged to compose untruthful eulogies.<\/span><\/p>\n

A unique language of testimonials has developed over decades from this area of tension: a system of standard phrases that can be assigned to school grading. The most important is the so-called satisfaction formula in performance appraisals:<\/span><\/p>\n\n\n\n\n\n\n\n\n\n
Note<\/b><\/td>\nFormulation<\/b><\/td>\nSchool report<\/b><\/td>\n<\/tr>\n
1<\/span><\/td>\n...always to our fullest satisfaction<\/span><\/td>\nVery good<\/span><\/td>\n<\/tr>\n
2<\/span><\/td>\n... to our fullest satisfaction \/ ... always to our fullest satisfaction<\/span><\/td>\nGut<\/span><\/td>\n<\/tr>\n
3<\/span><\/td>\n\u2026to our full satisfaction<\/span><\/td>\nSatisfactory<\/span><\/td>\n<\/tr>\n
4<\/span><\/td>\n\u2026to our satisfaction<\/span><\/td>\nSufficient<\/span><\/td>\n<\/tr>\n
5<\/span><\/td>\n\u2026all in all \/ on the whole to our satisfaction<\/span><\/td>\nDefective<\/span><\/td>\n<\/tr>\n
6<\/span><\/td>\n\u2026has endeavoured to complete the tasks to our satisfaction<\/span><\/td>\nInsufficient<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The difference between <\/span>Full<\/span><\/i> and <\/span>Fullest<\/span><\/i> Satisfaction may seem like a minor linguistic detail \u2013 but in report card language, it separates a grade of 3 from a grade of 1 or 2. Anyone checking their report card should read every single word in the satisfaction formula carefully.<\/span><\/p>\n

Besides the satisfaction formula, there are numerous other coded formulations. Some examples to look out for are:<\/span><\/p>\n

He always tried his best<\/b> \u2013 sounds friendly, but means: The performance was poor. Striving without result is not a recommendation.<\/span><\/p>\n

She completed all tasks properly<\/b> \u2013 means: She did only what was strictly necessary, without showing any initiative of her own.<\/span><\/p>\n

He was popular with colleagues<\/b> \u2013 Without mentioning management, this could indicate that the relationship with the leadership was problematic.<\/span><\/p>\n

She completed all tasks to her satisfaction<\/b> \u2013 Attention: \u201etheir\u201c instead of \u201eour\u201c is a hidden negative hint.<\/span><\/p>\n

<\/span>The concluding formula: No claim \u2013 but a strong signal<\/b><\/span><\/h2>\n

At the end of many employment references, there is a phrase in which the employer expresses regret at the employee's departure, thanks them for their work, and wishes them all the best for the future. If this concluding formula is missing, it is noticed by HR professionals \u2013 and raises questions.<\/span><\/p>\n

Nevertheless, according to the constant case law of the Federal Labour Court, there is <\/span>No legal entitlement<\/b> to such a formula of thanks and good wishes. The BAG most recently affirmed this in its judgment of 25 January 2022 (Case No. 9 AZR 146\/21). Reasoning: The closing formula expresses the personal sentiments of the employer and is protected by their freedom of expression (Article 5 of the Basic Law) and freedom of enterprise (Article 12 of the Basic Law).<\/span><\/p>\n

But <\/b>A closing remark once issued cannot be subsequently deleted simply because the employee has requested a certificate correction. This would constitute inadmissible retaliation under \u00a7 612a BGB \u2013 according to the BAG in its judgment of 6 June 2023 (file ref. 9 AZR 272\/22). Anyone who legitimately disputes their certificate may not be punished for it.<\/span><\/p>\n

In March 2026, the Stuttgart Labour Court clarified in another case that the exact wording of the concluding formula allows for a certain degree of leeway (ArbG Stuttgart, 3 March 2026, Ref. No. 3 Ca 7407\/25).<\/span><\/p>\n

<\/span>The interim report: When you can request it \u2013 and why you should<\/b><\/span><\/h2>\n

In addition to the final certificate upon termination of employment, there is the interim certificate \u2013 a certificate issued during the ongoing employment relationship. A statutory entitlement to this only exists if there is a valid reason, for example:<\/span><\/p>\n

Change of supervisor<\/b> Your former boss, who knows and can assess your work, is leaving the company.<\/span><\/p>\n

Transfer of undertaking or restructuring<\/b> \u2013 the organisational structures are changing fundamentally.<\/span><\/p>\n

Application for another position<\/b> You require the certificate as part of your application.<\/span><\/p>\n

Parental leave, sabbatical or extended leave<\/b> \u2013 an interruption after which the basis for assessment might fade.<\/span><\/p>\n

Strategically important: The interim report (mid-term review) unfolds a <\/span>Binding effect<\/b>. The Federal Labour Court has decided (judgment of 21 June 2005, ref. 9 AZR 352\/04) that an employer may not deviate from the assessments in an interim reference in the final reference without a valid reason. Those who secure a positive interim reference during good times are in a strong position if a conflict arises later.<\/span><\/p>\n

<\/span>Burden of proof in employment disputes: Who has to prove what?<\/b><\/span><\/h2>\n

If you disagree with your testimonial and your employer refuses to correct it, your recourse is to the <\/span>Employment Tribunal<\/span><\/a>. The burden of proof plays a crucial role in this.<\/span><\/p>\n

The Federal Labour Court has ruled that the grade <\/span>Satisfactory<\/span><\/i> (Note 3) is considered the average rating. This results in:<\/span><\/p>\n

Does the employee claim a better grade (1 or 2): <\/b>He must demonstrate above-average performance \u2013 for example, through a positive interim report, performance bonuses, documented assessments or witness statements.<\/span><\/p>\n

Does the employer give a worse grade (4, 5 or 6): <\/b>He must prove that the performance was below average. The employer bears the full burden of proof here.<\/span><\/p>\n

This distribution has considerable practical significance: in many cases, the parties agree on a grade of 2 precisely because the employee would have difficulty proving a better grade, and the employer would have equal difficulty substantiating a worse one.<\/span><\/p>\n

<\/span>Statute of Limitations and Deadlines: When Does Your Claim Expire?<\/b><\/span><\/h2>\n

The entitlement to a reference is subject to the three-year ordinary limitation period pursuant to Section 195 of the German Civil Code (BGB). The period begins, in accordance with Section 199 of the BGB, at the end of the year in which the employment relationship ends.<\/span><\/p>\n

Caution \u2013 Exclusion periods: <\/b>Many employment contracts and collective bargaining agreements contain exclusion clauses that significantly shorten the claim \u2013 often to three to six months after the termination of the employment relationship. Check your employment contract carefully.<\/span><\/p>\n

Furthermore, the claim can be lost even before the statute of limitations expires, according to the principles of forfeiture (\u00a7 242 BGB). Therefore, act quickly. If approval is granted late, it may even be possible under certain circumstances to <\/span>Claims for damages<\/span><\/a> arise.<\/span><\/p>\n

<\/span>Common mistakes in employment references \u2013 and how to spot them<\/b><\/span><\/h2>\n

Not every mistake in a reference is obvious. Some hide in the details.<\/span><\/p>\n

Missing activities <\/b>If key areas of responsibility are not mentioned in the reference, it devalues your professional profile.<\/span><\/p>\n

Gaps in behavioural assessment <\/b>If superiors or clients are not mentioned, this can be interpreted as eloquent silence.<\/span><\/p>\n

Passive formulations <\/b>\u201eHe was assigned tasks\u201c versus \u201eHe took on tasks\u201c \u2013 the difference between initiative and passive completion.<\/span><\/p>\n

Incorrect exhibition date: <\/b>The certificate should be dated on the last day of employment \u2013 not on the day it was written.<\/span><\/p>\n

Negation instead of affirmation: <\/b>\u201eHis behaviour gave no cause for complaint\u201c sounds neutral, but in the language of references, it's a negative signal.<\/span><\/p>\n

Es gibt Momente, in denen es Sinn macht, ein Zeugnis zu haben. Manchmal sind sie nicht so einfach zu bekommen, aber sie helfen trotzdem. <\/span>Lawyer experienced in employment law<\/span><\/a> to have checked.<\/span><\/p>\n

<\/span>What should not be included in a reference letter<\/b><\/span><\/h2>\n