Entitlement to a job reference
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Employees are generally entitled to a job reference. But what exactly should be in it is often a cause for dispute. For example, what about the reasons for terminating an employment relationship? Attorney Peter Meyer explains.
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Testimony must always be formulated benevolently
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The certificate rules are set out in Paragraph 109 of the Industrial Code (GewO): “The certificate must not contain any features or formulations that have the purpose of making a statement about the employee other than the external form or the wording,” it says There.
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“From this one concludes that a reference must always be formulated benevolently and must not hinder an employee in their professional advancement,” explains Peter Meyer, specialist lawyer for labor law in Berlin.
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Under no circumstances should an employer include the specific performance or behavior-related reason in the certificate against the will of the employee, i.e. why an employee was dismissed.
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In the event of termination by employees: This should be in the job reference
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However, if no general reason for the end of the employment relationship is given in the certificate, this can also be interpreted as a disadvantage for the employee. If the employee terminated himself, an advantageous formulation should read, for example: “The employment relationship ended at the employee’s request.”
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In cases of redundancies for operational reasons, however, employees can request that this be included in the certificate – possibly even with a more detailed explanation.
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If the parties agree on a settlement in a dismissal dispute in front of a court, according to Meyer, the job reference will contain a formulation like “The employment relationship ended by mutual agreement”. According to the specialist lawyer, it is advisable to always include in a termination agreement the exact formulation of the reasons for the termination that the job reference should conclude. “The employer must then adhere to that.”
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