Your employment reference (Arbeitszeugnis) accompanies you throughout your entire working life. Behind friendly-sounding phrases there is often a mediocre or even poor assessment. We translate the coded language of German references, review your reference in full and obtain a correction – usually without court proceedings.
Key points at a glance
- On termination, every employee is entitled to a written reference; on request, to a qualified reference assessing performance and conduct (§ 109 GewO).
- The reference must be truthful and benevolent; hidden messages are prohibited.
- For a better grade than “satisfactory”, the burden of proof generally lies with the employee; for a worse grade, with the employer.
- According to case law, there is no entitlement to a closing statement of thanks and regret.
- Since 2025, the reference may be issued electronically (qualified signature) with your consent.
What types of reference are there?
- Simple reference: details of the nature and duration of the work, without any assessment.
- Qualified reference: additionally assesses performance and conduct. This is the norm and should always be requested.
- Interim reference: where there is a legitimate interest, for example a change of line manager, a transfer, parental leave or a transfer of undertaking.
- Provisional reference: after notice of dismissal until the employment finally ends, for example for job applications.
Formal requirements
The reference must be issued on the employer’s letterhead, clean and free of stains, with the date of issue and the handwritten signature of a more senior representative. It must not be creased if the employer could have sent it unfolded – the courts have since become more generous on this point. An assessment in the form of a table or school grades does not meet the requirements (Federal Labour Court (Bundesarbeitsgericht – BAG), judgment of 27 April 2021 – 9 AZR 262/20).
Since 1 January 2025, the reference may also be issued in electronic form with the employee’s consent (§ 109 Abs. 3 GewO). A qualified electronic signature is required; a simple PDF is not sufficient. You can still insist on a paper version.
Decoding the language of references
In practice, the summary assessment of performance follows a fixed grading scale:
| Wording | Grade |
|---|---|
| „stets zu unserer vollsten Zufriedenheit“ (“always to our fullest satisfaction”) | very good (1) |
| „stets zu unserer vollen Zufriedenheit“ (“always to our full satisfaction”) | good (2) |
| „zu unserer vollen Zufriedenheit“ (“to our full satisfaction”) / „stets zu unserer Zufriedenheit“ (“always to our satisfaction”) | satisfactory (3) |
| „zu unserer Zufriedenheit“ (“to our satisfaction”) | adequate (4) |
| „im Großen und Ganzen zu unserer Zufriedenheit“ (“on the whole to our satisfaction”) | poor (5) |
| „hat sich bemüht, den Anforderungen gerecht zu werden“ (“endeavoured to meet the requirements”) | unsatisfactory (6) |
Order, completeness and weighting also matter. If essential tasks are missing, if conduct towards superiors is not mentioned before conduct towards colleagues, or if self-evident qualities such as honesty are not mentioned even though they are important for the job (eloquent silence), this may be a hidden downgrading. You will find further examples on our page The language of German references.
Who has to prove what?
According to the settled case law of the Federal Labour Court, “satisfactory” is the middle grade. If the employee demands a better assessment, they must set out and prove the facts that justify it. If the employer wishes to give a grade worse than satisfactory, the burden of proof lies with the employer. According to the BAG, this does not change because good and very good references are predominantly issued in practice (BAG, judgment of 18 November 2014 – 9 AZR 584/13). It is therefore worth documenting successes, praise and targets achieved at an early stage.
Closing statement
A statement such as “We regret his departure, thank him for his cooperation and wish him all the best for the future” is customary in references and expected by HR departments. According to the Federal Labour Court, however, there is no legal entitlement to it. If the employee does not agree with a closing statement worded by the employer, they can only demand a reference without a closing statement. The closing statement should therefore be expressly agreed in settlements and termination agreements.
Having your reference corrected
- Have the reference reviewed in full: description of duties, assessment of performance and conduct, overall grade, closing statement, formalities.
- Formulate specific requests for changes, ideally with your own proposed wording.
- Assert the request for correction out of court, setting a deadline.
- If necessary, bring an action for correction of the reference before the Labour Court (Arbeitsgericht).
Watch out for exclusion periods in your employment contract or collective agreement. The right to a reference can also lapse or be forfeited if you wait too long.
Practical examples
The following cases are simplified, typical scenarios from employment law practice. They are for illustration only; every individual case must be assessed separately.
“Always to our satisfaction” after top appraisals
Situation: A controller had consistently received top ratings in appraisal meetings and bonus payments for above-average target achievement. Her reference gives the grade “satisfactory”.
Legal assessment and approach: The appraisal forms and bonus statements proved the better performance. The employer corrected the reference out of court to “very good” and added the missing project responsibilities.
Eloquent silence in a cashier’s reference
Situation: The reference of a branch cashier is well worded but does not mention honesty and reliability in handling money at all.
Legal assessment and approach: In a role with responsibility for a till, the absence of this statement is a clear negative signal. As there had been no irregularities, the employer had to confirm his honesty.
The reference as part of a settlement
Situation: In a team leader’s unfair dismissal proceedings, a settlement with severance pay is concluded. On the reference, it merely says “benevolent qualified reference”.
Legal assessment and approach: Such wording is hardly enforceable. We therefore regularly agree that the reference will follow a draft to be submitted by the employee, from which the employer may only deviate for good cause, and we expressly specify the overall grade and the closing statement.
Interim reference before a change of manager
Situation: A developer learns that his manager of many years is leaving the company.
Legal assessment and approach: He requested an interim reference in good time. Later, the employer may only deviate from the interim reference in the final reference if performance or conduct has changed in the meantime – an important safeguard.
Frequently asked questions
When must I receive my reference?
At the latest when the employment relationship ends. After notice of dismissal, you can already request a provisional reference.
May the reference state why I left?
The reason for termination may only be included with your consent. Wording such as “at his/her own request” is usually advantageous and is often agreed in a settlement.
May an illness or parental leave be mentioned?
Illnesses generally not. Parental leave may only be mentioned if the period of absence is substantial in relation to the total duration and a false impression would otherwise arise.
How long can I request a reference?
In principle, until the claim becomes time-barred after three years. However, exclusion periods in the employment contract or collective agreement can be much shorter, often three months.
Would you like us to review your case? Send us your documents – we usually respond within 24 hours and will tell you the expected costs in advance.
Note: This information provides a general overview of the legal position (as of November 2026) and does not replace legal advice on your individual case.
This page is a translation of the German original. It is for general information only and does not replace legal advice on your individual case. German version