Legal basis and types
§ 109 GewO entitles every employee to a written reference when the employment relationship ends. There are three types:
- Simple reference — type and duration of the work.
- Qualified reference — additionally performance and conduct. Must be requested explicitly.
- Interim reference — where there is a legitimate interest, such as a change of manager, restructuring or an internal application.
Deadlines
The entitlement arises when the employment ends, in practice already once notice has been given. It lapses after three years, but collective or contractual cut-off clauses often shorten this to three months. Request the reference promptly.
Sample wording
"Dear Sir or Madam, my employment ends on 30 June 2026. I ask you to issue a qualified job reference covering performance and conduct. Please send it to the address above by 15 July 2026. I am happy to answer any questions."
Decoding German reference language
| Wording | Grade |
|---|---|
| stets zu unserer vollsten Zufriedenheit | very good |
| stets zu unserer vollen Zufriedenheit | good |
| zu unserer vollen Zufriedenheit | satisfactory |
| zu unserer Zufriedenheit | adequate |
| bemüht, den Anforderungen gerecht zu werden | poor |
Asking for a correction
If the reference is inaccurate or contains hidden downgrades, request a correction in writing and name the exact passages. The employer bears the burden of proof for a below-average rating; the employee for an above-average one.
Formal requirements
- Company letterhead, clean presentation, no stains or corrections.
- Issue date matching the leaving date.
- Signature by someone authorised to give instructions.
- No reference to illness, works council activity or union membership.
A posted request is the more robust option when the relationship is strained.