Challenging an employment reference

Your right to a qualified employment reference

Under § 109(1) GewO you are entitled to a written reference on termination of the employment relationship. It must state at least the type and duration of the activity. At your request it additionally covers performance and conduct; only then is it a qualified reference. You must request this yourself.

Two principles limit its content. The reference must above all be truthful and must not unjustifiably hinder your further career; it can only be benevolent within the bounds of the truth (Federal Labour Court, judgment of 14 June 2016, case 9 AZR 8/15).

§ 109(2) GewO requires clear and comprehensible wording. Features intended to convey a statement about you other than the one apparent from the outward form or wording are prohibited. Open criticism does not fall under this prohibition as long as it is true.

The claim to a reference becomes time-barred after three years (§ 195 BGB). It can be forfeited earlier, but the mere passage of time is not enough: a time element must be joined by a circumstantial element from which the employer could conclude that you would no longer assert the claim (§ 242 BGB). Whether this is the case is decided by the court according to the circumstances of the individual case.

Reference language: the grading scale and satisfaction formulas

The performance assessment follows a scale ranging from very good through good and satisfactory to adequate and poor (Federal Labour Court, judgment of 18 November 2014, case 9 AZR 584/13). Grade 1 reads “stets zur vollsten Zufriedenheit” (always to our fullest satisfaction), grade 2 “stets zur vollen Zufriedenheit” (always to our full satisfaction), grade 3 “zur vollen Zufriedenheit” (to our full satisfaction). Without the word “stets” (always) the assessment drops by one grade.

Below that, the wording “zur Zufriedenheit” (to our satisfaction) stands for adequate, and “im Großen und Ganzen zur Zufriedenheit” (by and large to our satisfaction) for poor. Both denote the lowest levels of the same scale.

An assessment also hides outside the grading formula: in an evaluation that omits individual areas of responsibility, in an unusual order of the assessment criteria, and in limiting formulations such as “im Rahmen seiner Fähigkeiten” (within the limits of his or her abilities) or “hat sich bemüht” (made an effort).

A closing formula with thanks, regret and good wishes is not part of the required content of a reference. If you disagree with it, you can only demand a reference without a closing formula; there is no right to have it supplemented or reworded (Federal Labour Court, judgment of 11 December 2012, case 9 AZR 227/11).

Having your employment reference corrected

There are two routes to correction: a request to the employer and a claim before the labour court. Both require you to name the passages you object to and the wording you want instead.

Out-of-court correction

Tell the employer, in writing, which formulations you object to and how the reference should read instead. Set a written deadline for this. A lawyer’s letter also states the basis you rely on, namely § 109 GewO and the Federal Labour Court’s satisfaction scale.

Reference correction claim before the labour court

If the employer refuses, you bring a claim for correction of the reference before Augsburg Labour Court. There is no statutory exclusion period for this; the claim becomes time-barred after three years (§ 195 BGB) and can be forfeited earlier under § 242 BGB where a time element and a circumstantial element coincide.

If your employment relationship is governed by a collective agreement whose exclusion period covers claims arising from the employment relationship, the claim to a reference is also subject to it (Federal Labour Court, judgment of 4 October 2005, case 9 AZR 507/04). In that case, object to the reference within the period from receipt, in the form the collective agreement requires, and demand a new one. Periods in collective agreements can be shorter than three months (§ 310(4) sentence 1 BGB).

A valid exclusion clause in the employment contract can also cover the claim for correction (Hamm Regional Labour Court, judgment of 10 April 2002, case 3 Sa 1598/01). Clauses pre-formulated by the employer that require assertion in writing within less than three months are invalid (Federal Labour Court, judgment of 28 September 2005, case 5 AZR 52/05). In employment contracts concluded after 31 December 2014, this also applies to clauses without a minimum wage exception (Federal Labour Court, judgment of 18 September 2018, case 9 AZR 162/18).

If a clause in a collective agreement or contract has a second stage, objecting alone is not enough. If the employer refuses, or does not respond within the period stated in the clause, you must bring a claim within the further period. It runs from the refusal or from the end of that response period, even while you continue to send reminders (Federal Labour Court, judgment of 19 November 2014, case 5 AZR 121/13).

The burden of proof depends on the grade. If the employer certifies “zur vollen Zufriedenheit” (satisfactory), grade 3, you must plead and prove the facts that justify a better overall assessment (Federal Labour Court, judgment of 18 November 2014, case 9 AZR 584/13). If the employer wants to give a below-average assessment, the employer bears the burden of pleading and proof.

Interim reference, termination agreement and dismissal

You can request an interim reference during an ongoing employment relationship if there is a valid reason. The Federal Labour Court has left open whether a final reference can already be demanded during the notice period (Federal Labour Court, judgment of 27 February 1987, case 5 AZR 710/85).

Right to an interim reference

The interim reference is not regulated by statute. Unless a collective agreement governs it, case law regards the right as an ancillary contractual duty of the employer and requires a valid reason.

Such a reason certainly exists where you need the reference for job applications because of the impending end of the employment relationship (Cologne Regional Labour Court, judgment of 4 March 2026, case 5 SLa 495/25). According to the same judgment, the wish to apply elsewhere is enough even without a foreseeable end. The court has allowed an appeal on points of law (Revision).

A change of line manager, a transfer and a transfer of business are also recognised reasons. For the period covered by the interim reference, the employer is also bound by its assessments in the final reference; the employer may deviate to your disadvantage only if a changed factual basis justifies it (Federal Labour Court, judgment of 16 October 2007, case 9 AZR 248/07).

Reference in a termination agreement or on dismissal

In a termination agreement the content of the reference can be negotiated alongside everything else, for example a minimum grade or a fully worded reference text as an attachment. If there is no such provision, you retain the claim under § 109 GewO.

Request the reference in writing after leaving and raise any errors promptly. An exclusion period in the employment contract or collective agreement can end the claim long before it becomes time-barred. In addition, the longer you wait, the more likely the objection of forfeiture under § 242 BGB applies.

Further information on employment law

These topics may also be of interest:

• Reviewing a termination agreement
• Received a dismissal
• Severance pay after dismissal

This information does not constitute legal advice in an individual case.