Certificate in the event of termination without notice

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If for certain reasons the employment relationship is terminated abruptly, you have a legal right to an employment reference despite the unpleasant circumstances. If you terminate without notice, you are not left defenseless.

Your right to a testimonial

If there is no notice termination As an employee, you have the same rights as if the termination of the employment relationship had expired on time. It doesn't even matter whether the employee or the employer quits.

  • Your right to the certificate results directly from the law. The law is standardized in Section 109 of the Trade Regulations (in short: GewO).
  • According to this standard, the employer must give you a written letter when the employment relationship is terminated certificate of employment exhibit. This must at least be simple. This is the case if it provides information on the activity and the duration. You can also receive a qualified certificate that also includes information about your performance and behavior.

In the event of termination without notice, check the job reference

In the case of termination without notice, the employer and employee are usually dissatisfied with the course of the employment relationship. Therefore, it is very worthwhile to check the testimony. In terms of content, the qualified document includes the assessment of the work performance.

  • It is important that it should be formulated in an understandable and clear manner and that it must be in writing. The exhibition in electronic form is not permitted. This means that your employer is not allowed to send you the document by email. Delivery by fax would not be permitted either, since the signature would then not be transmitted in the original, but only a copy of the signature. These requirements apply to both timely and immediate terminations.
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  • If the document contains disqualifying content, you should have it checked by a lawyer. The content is disqualifying if it is offensive or shows a disparagement. The labor courts also conduct an examination. It is important that you contact the lawyer within three weeks of the termination of the employment relationship. The deadline for labor disputes is very short. In the event of disqualifying or defamatory content, the employer must rewrite the document. The reason for termination must not be included. This also applies to a hidden reference to the reason.

You can also research formulations on the Internet very well to check whether they are lawful at all or what they exactly mean. On the website Testimonial German you can read up on what individual formulations really mean.

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