Wegweiser Employees · Rights at work Deutsch

📜 Employment reference

Your right to a reference, the difference between a simple and a qualified reference – and what to do if the wording is not right.

Employment reference Qualified reference Correction of a reference Reference language Interim reference

In brief

After the end of your employment you have a right to a written employment reference. You can choose between a simple reference (type and duration of the work) and a qualified reference (also performance and conduct); you must expressly ask for the qualified reference.

A reference must be truthful and at the same time worded benevolently – it should not make your career progress unnecessarily difficult. If the wording or assessments are not right, you can ask for a correction.

Step by step

  1. Request the reference in good timeIt is best to request the reference in writing at the end of the employment, unless it is issued on its own initiative.
  2. Decide on the type of referenceSay expressly whether you want a qualified reference with an assessment of performance and conduct (§ 109 Abs. 1 Satz 3 GewO).
  3. Check the reference carefullyCompare the wording with common reference codes; watch for omissions (missing customary phrases can also be hidden criticism).
  4. Ask for a correction promptlyRequest corrections in writing and as soon as possible after receipt; the longer you wait, the more likely the claim may be regarded as forfeited.

Deadlines

no fixed statutory deadline
The law sets no fixed deadline for asserting claims for correction; but according to case law the claim can be "forfeited" if it is not asserted for an unreasonably long time. Time limits for claims in employment or collective agreements often also shorten the period considerably, often to a few months.§ 242 BGB (forfeiture); check contractual/collective time limits in the individual case
Watch out – common mistakes
  • If a qualified reference is not expressly requested, the employer can limit itself to a simple reference.
  • Time limits for claims in employment or collective agreements in principle also apply to the claim to a reference and to its correction – if you wait too long, you can lose your claim even though the law itself prescribes no short deadline.
  • If a dispute arises over an overall grade of "satisfactory" (befriedigend) or worse, the employer must if necessary be able to prove it; up to the grade "good", the burden of presentation lies rather with the employee if they want to enforce a better grade – the exact distribution has been the subject of controversial discussion since a BAG decision of 2014 and must be checked in the individual case.
  • An interim reference (during ongoing employment) is not automatically a statutory entitlement, but is predominantly recognised by case law where there is a legitimate interest (e.g. change of supervisor, job application).
In depth · legal basis, figures and practice – for advisers and professionals

Legal basis and scope

§ 109 GewO gives employees a right to a written reference when employment ends. It must contain at least details of the type and duration of the work (simple reference); on request, performance and conduct during employment must also be assessed (qualified reference, § 109 Abs. 1 Satz 3 GewO). The reference must be worded clearly and comprehensibly and must not contain any features or wording intended to give the impression of a meaning other than the literal one (§ 109 Abs. 2 GewO) – keyword "secret code".

Truth and benevolence

Case law requires a balance between the duty of truthfulness and the requirement of benevolence: the reference must be accurate in substance but should not make career progress unnecessarily difficult. In practice, a distinct "reference language" with fixed phrases and grade equivalents has become established.

Right to correction and burden of proof

If a reference is incorrect or misleadingly negative in its wording, there is a right to correction. According to a much-cited decision of the Federal Labour Court from 2014, an overall assessment of "satisfactory" (befriedigend) is widely regarded in practice as average; if the employee wants to enforce a better grade, they must, in a dispute, present indications of above-average performance, while the employer must prove a below-average grade. The exact scope of these principles continues to be discussed in the literature.

Interim reference

A statutory right to an interim reference during ongoing employment is not expressly regulated in the GewO. According to the prevailing view, however, there is a right at least where there is a factual, legitimate interest, for example on a change of direct supervisor or an internal or external job application.

Who is responsible
  • Works council (for support in a dispute)
  • Local labour court
  • Employment lawyer
Further reading
Warning letters and how you can respondProtection against dismissalAdvice and points of contact

Quick questions

Worum geht es bei „Employment reference“?
Your right to a reference, the difference between a simple and a qualified reference – and what to do if the wording is not right.
Which deadlines and figures matter?
no fixed statutory deadline: The law sets no fixed deadline for asserting claims for correction; but according to case law the claim can be "forfeited" if it is not asserted for an unreasonably long time. Time limits for claims in employment or collective agreements often also shorten the period considerably, often to a few months. (§ 242 BGB (forfeiture); check contractual/collective time limits in the individual case)
What should I do first?
  • Request the reference in good time: It is best to request the reference in writing at the end of the employment, unless it is issued on its own initiative.
  • Decide on the type of reference: Say expressly whether you want a qualified reference with an assessment of performance and conduct (§ 109 Abs. 1 Satz 3 GewO).
  • Check the reference carefully: Compare the wording with common reference codes; watch for omissions (missing customary phrases can also be hidden criticism).
What do I need to watch out for?
  • If a qualified reference is not expressly requested, the employer can limit itself to a simple reference.
  • Time limits for claims in employment or collective agreements in principle also apply to the claim to a reference and to its correction – if you wait too long, you can lose your claim even though the law itself prescribes no short deadline.
  • If a dispute arises over an overall grade of "satisfactory" (befriedigend) or worse, the employer must if necessary be able to prove it; up to the grade "good", the burden of presentation lies rather with the employee if they want to enforce a better grade – the exact distribution has been the subject of controversial discussion since a BAG decision of 2014 and must be checked in the individual case.
Evidence
  • Gewerbeordnung (GewO) § 109, gesetze-im-internet.de
  • Bürgerliches Gesetzbuch (BGB) § 242, gesetze-im-internet.de
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.