The job reference certifies the achievements and that Behavior an employee. A lot can go wrong, up to and including the labor court. How can workers and Candidate avoid the worst mistakes?

The Worst Mistakes With Employment Reference: Employees & Applicants Need To Know - 6 Tips

Why is the job reference so important?

Basically, you have to be clear why a job reference is so important. A job reference is a document that the employer issues to the employee. The purpose of the document is to document the beginning of the employment relationship between the employee and the employer.

In human resources, the job reference is a kind of document that the employer hands over to the employee in writing. In public service it is called a service certificate, although it is the same Significance as the job reference entails. Paragraphs § 630 BGB, § 109 GewO and § 16 BBiG apply as the legal basis.

On the one hand, a job reference should be proof of the duration, content and course of the employment relationship. This also includes the assessment of the Performance and employee behavior. It is also the only qualification document, so to speak, that Company can be used as an entry requirement for certain jobs.

How a job reference improves the success of an application

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No small thing, then: job references are an important part of the hiring process. Because the job reference is there for future applications to show knowledge and qualifications of the employee to be proven.

Since the Success Application depends to a large extent on reputation, reference applicants should take care to make a good impression. Job references therefore contribute significantly to the reputation of an employee and to the success of their next application. In the worst case, they are damaging to your reputation and can have blatant disadvantages.

Why applicants and employees should pay close attention to formulations

For this very reason, every employee is advised to deal more extensively with the subject of job references and the hints to the next employer that are often hidden in them. Because if you don't recognize this, you have Job Search fast the hindsight.

It is true that every employer is obliged to issue the employee with a benevolent reference at the end of the employment relationship. But there are secret codes that companies can use to express their dissatisfaction. It is not uncommon for the labor court to have to examine any inadmissible formulations and content.

6 tips against mistakes and misunderstandings in the job reference

If the end of the employment relationship is in sight, the employee should therefore take care of the creation of the job reference at an early stage. As an applicant in Spe, you are well advised to heed the following tips.

1. Talk about the job reference

When the end of employment is approaching, one should do so with superiors Conversation search about the benefits and also talk about the job reference. right one Communication at the right time saves a lot of legal trouble afterwards.

Even if the job reference has already been written, it is easier to discuss formal and content-related corrections on site in the company than by telephone or digitally. In addition, the employee is entitled to the employment reference from the time of termination. This regulation is intended to make it easier for the employee to complete the application documents in a timely manner. Employees can find help for correct reference management here:

2. The right wording

Due to the employer's duty of care, the job reference must be benevolent. It must not and must not contain any negative statements clear be formulated.

At the same time, the employee has no right to determine desired wording as long as the content of the certificate is correct. So you don't even need to discuss it.

3. Assert your legal entitlement to a job reference

The legal right to a job reference applies to every employee. This applies to full-time and part-time positions, part-time jobs or fixed-term contracts. Temporary workers and interns can also request a job reference.

The following applies to all these employment relationships: In general, the employer must always issue the employee with a written certificate at the end of an employment relationship - even if this was only a trial employment relationship. In addition, employees can request an interim reference.

4. Know the meaning of hidden phrases

Job references almost always sound good to laypeople. However have HR a code with which they Criticism on the employee in actually positive statements. From a legal point of view, a job reference must be clearly formulated. In reality, however, this type of code has often caught on.

For example, the testimony should end with “we wish you continued success”. This means that the employee has already had success. If this is "still missing", the employer means that there has not yet been any success in the employee's professional life. Is in the certificate next to success also Health desired, HR managers can read that the employee was often ill.

5. Have legally inadmissible formulations underlined

Some formulations are even forbidden and do not have to be accepted. Especially when it comes to sexual details, it often becomes ugly and crosses the line of personal injury.

An absolute no-go are, for example, formulations such as “strong empathy with colleagues”, which indicate that the employee is homosexual. The same applies to formulations that show a man “great interest in female colleagues”. Because between the lines you can read that the employee apparently sought sexual contact with female employees. This formulation would also be legally inadmissible.

6. Entitlement to a better job reference

It can happen that employers and employees meet again in front of the labor court because of an employment reference. Of course, the employee wants to get a good reference, while the employer may be benevolent, but also Honestly to report on their work performance.

If the employee is dissatisfied with the result, he has the opportunity to prove his desired performance before the labor court. If the court cannot find any errors in content or form in the job reference, the employee must also accept the undesired wording.

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