Skip to content
MAXERA Rechtsanwälte

Guides

Employment reference secret code: decoding the wording correctly

A German employment reference (Arbeitszeugnis) almost always sounds positive, because employers are required to word it in good faith. Behind the friendly language, however, an encoded assessment is often hidden.

Symbolic image for hidden wording in an employment reference

A German employment reference almost always sounds positive, because employers are required to word it in good faith. Behind the friendly language, however, an encoded assessment is often hidden. This guide shows how to decode reference language and recognise whether your reference is really as good as it sounds.

Why are there secret codes in an employment reference?

Employers face a dilemma when drafting a reference. On one hand it must be truthful, on the other it must not openly criticise the employee. To manage this balancing act, a distinct reference language has developed over decades, one that HR professionals understand but that is often hard for laypeople to see through.

Legally, the position is this: an employment reference may not contain any features or wording intended to convey a meaning other than what is apparent from the wording itself (§ 109 Abs. 2 GewO). Secret codes are therefore prohibited. In practice, however, numerous double edged formulations still exist.

Grading scale in the employment reference: wording from grade 1 to 6

The most important technique is the so called satisfaction scale. Individual words such as “stets” (always), “voll” (fully) or “vollste” (fullest) grade the assessment finely and together produce a school grade:

Grade Assessment Typical wording (performance)
1 (Very good) Outstanding “hat die Aufgaben stets zu unserer vollsten Zufriedenheit erledigt”: always completed the tasks to our fullest satisfaction
2 (Good) Above average “hat die Aufgaben stets zu unserer vollen Zufriedenheit erledigt”: always completed the tasks to our full satisfaction
3 (Satisfactory) Average “hat die Aufgaben zu unserer vollen Zufriedenheit erledigt”: completed the tasks to our full satisfaction
4 (Adequate) Below average “hat die Aufgaben zu unserer Zufriedenheit erledigt”: completed the tasks to our satisfaction
5 (Poor) Inadequate “hat die Aufgaben im Großen und Ganzen zu unserer Zufriedenheit erledigt”: completed the tasks, on the whole, to our satisfaction
6 (Unsatisfactory) Wholly inadequate “hat sich bemüht, die Aufgaben zu unserer Zufriedenheit zu erledigen”: endeavoured to complete the tasks to our satisfaction

The difference between grade 1 and grade 3 often comes down to a single word such as “stets” or “vollste”. Anyone unfamiliar with these nuances can easily mistake an average assessment for praise.

Wording on social conduct in the employment reference: phrasing and order

Conduct towards superiors, colleagues and clients is assessed on a similar scale:

Grade Wording
1 “Sein Verhalten gegenüber Vorgesetzten, Kollegen und Kunden war stets vorbildlich”: conduct towards superiors, colleagues and clients was always exemplary
2 “war stets einwandfrei”: was always beyond reproach
3 “war einwandfrei”: was beyond reproach
4 “Sein Verhalten gegenüber Kollegen und Vorgesetzten war zufriedenstellend”: conduct towards colleagues and superiors was satisfactory

Also pay attention to the order in which the groups are named. If superiors are not named first, or are left out entirely, this can point to conflicts with management.

Secret codes in the employment reference: examples and their meaning

Besides the grading scale there are numerous formulations that sound harmless at first glance but encode a negative statement. The table below shows common examples:

Wording Hidden meaning
“Er bemühte sich, den Anforderungen gerecht zu werden”: he endeavoured to meet the requirements Performance was inadequate
“Sie zeigte für die Arbeit Verständnis”: she showed understanding for the work She was lazy or uninterested
“Er hat sich im Rahmen seiner Fähigkeiten eingesetzt”: he applied himself within the limits of his abilities His abilities were limited
“Sie war ihren Mitarbeitern jederzeit eine verständnisvolle Vorgesetzte”: she was always an understanding superior to her staff She was unable to assert herself
“Er erledigte alle Aufgaben pflichtbewusst und ordnungsgemäß”: he completed all tasks dutifully and properly No initiative of his own, work to rule only
“Wir wünschen ihm für die Zukunft alles Gute und viel Erfolg”: we wish him all the best and much success for the future He has had no success so far
“Sie war bei den Kollegen beliebt und trug zu einem guten Betriebsklima bei”: she was popular with colleagues and contributed to a good working atmosphere Too much socialising, too little performance
“Er verstand es, seine Interessen durchzusetzen”: he knew how to assert his own interests Self centred and a poor team player

Missing details in the employment reference as a warning sign

Sometimes the hidden message lies in what a reference leaves out. HR professionals therefore also watch for gaps when reading one.

A complete reference ends with a closing formula: regret at the employee’s departure, thanks for the cooperation and good wishes for the future. If these elements are missing, that is a signal. The same applies if only the duties are described and an assessment of performance is missing.

Deliberately omitting individual competencies also occurs. If a role carrying management responsibility leaves leadership conduct unmentioned, that can be a deliberate omission. If the assessment of social conduct mentions only the relationship with colleagues and passes over superiors, that points to conflicts with management.

What to do about a poor employment reference

If your reference turns out worse than expected, you can demand a correction. Ask your employer in writing to correct it. State specifically which wording you are objecting to and why.

Note how the burden of proof is distributed. For an assessment worse than grade 3 (satisfactory), the employer must prove that the negative assessment is justified. If you want an assessment better than grade 3, the burden of proof lies with you.

If the employer refuses to make the correction, you can enforce your right to an appropriate reference before the labour court. Do not wait too long, since the claim can lapse.

This article is for general information only and does not replace individual legal advice. Every case is different. For specific questions, we recommend seeking legal support at an early stage.

Sebastian Agster, Lawyer, specialist lawyer for employment law

Sebastian Agster

Lawyer, specialist lawyer for employment law

5.0Google & anwalt.de

Free initial assessment

Tell us about your case. We check your options and advise you without obligation.

Get in touch now

Why MAXERA?

  • Specialist lawyer for employment law
  • Response within 24 hours
  • Active throughout Germany
  • Transparent overview of costs
  • 10,000+ clients successfully represented

FAQ

Frequently asked questions

Am I entitled to a good employment reference?
Not automatically. You are entitled to a truthful and fair reference, and the average assessment is grade 3 (satisfactory). For a better grade you must prove in a dispute that your performance was above average.
May my employer use secret codes?
No. The law expressly prohibits encoded statements (§ 109 Abs. 2 GewO). In practice they are nevertheless widespread. If you recognise a secret code in your reference, you can demand a correction.
What does “hat sich bemüht” mean in an employment reference?
This phrase is one of the best known negative assessments. It signals that despite effort, performance was inadequate, comparable to grade 5 or 6.
When should I have my employment reference checked?
Whenever you are unsure. A check is especially advisable before you apply for a job with the reference, since a poorly assessed reference can significantly reduce your chances on the job market.
How long do I have to contest an employment reference?
There is no fixed statutory deadline. However, the claim can lapse if you wait too long. Act as promptly as possible after receiving the reference.
What is the difference between a simple and a qualified reference?
A simple reference states only the type and duration of employment. A qualified reference also assesses performance and social conduct. Employees are generally entitled to a qualified reference.

Do you need legal support?

Tell us about your situation. You will receive a free initial assessment from a lawyer within 24 hours.

Confidential. Non-binding. No cost risk.

Describe your situation

A free initial assessment by a lawyer. You will hear back within 24 hours. Only then do you decide, at your own pace, whether to instruct us.

Do you have legal expenses insurance? (optional)

We check free of charge whether your insurer will cover the case and handle the request for cover for you.

Confidential and without cost risk. Your data is transmitted encrypted and used solely to process your enquiry.