What should a job reference look like?
A job reference must be in such a way that it is justifiable from the point of view of the employer and contains a benevolent assessment from the point of view of the employee. It is often a tightrope walk for both sides.
The law obliges the employer to issue a job reference. In the certificate, the previous employer confirms the type and duration of his activity to his departing employee (simple certificate) and on request also the performance and leadership as well as his behavior in the company (qualified Transcript).
Formulations must be realistic
- As an employee, you are not entitled to certain formulations and how that certificate of employment must look overall. However, when making an assessment, your employer must adhere to what is customary in the traffic. For example, he may not particularly highlight defective services that have rarely occurred over a long period of time.
- Your employer must not omit any information that is normally expected in certificates. Likewise, he may not use any sentences or formulations that could lead to misinterpretations. A "!" After the sentence: "His performance and his behavior were sufficient! he may only use it if he wants to expressly issue a warning for the given occasion.
Employers speak a testimonial language
- As a result of the requirement of the case law, a procedure has prevailed in practice, unfavorable facts or Negative judgments cannot be identified directly, but rather through careful wording or omission to suggest. Since, in the opinion of the labor courts, employers have prepared themselves for this, such practices are permitted.
- The courts assume that the new employers can "read between the lines" and learn more from the information provided by the old employer. It has become a Testimony language developed in which certain formulations have a certain meaning.
Proper job reference - these contents belong in it
Every employee is entitled to a proper job reference if they leave the ...
Your job reference must form a unit
- The job reference must always be viewed as a whole. When drafting it, your employer must always bear in mind that the certificate must be consistent and not contain any contradictions. The individual parts from the job description to the assessment of performance and behavior to the final formulation must be coordinated.
- If, for example, mutual consent is given as the reason for termination (means in plain language: termination by the employer) and in the final wording regrets the departure of a very qualified employee, then this does not fit together in this certificate.
The appearance is of an advertising nature
- A job reference must also look like it is clean on the outside, properly worded and, above all, legible. Your employer should keep in mind that it should reflect the reputation of his company and respect for the employee. A proper certificate is the business card of the exhibitor and that of the employee.
- Overall, the right to testify is extremely complex and repeatedly gives rise to contentious disputes. Even if you receive a judgment in the work process with the wording: "The employer is obliged to give a benevolent testimony create ", this title is worthless, as this wording alone does not entitle you to a very specific design of the certificate contains.
- If you want your job reference to have a specific content, you have to contact it Explain to the labor court and prove that the quality of your services in the certificate is not appropriate was rated. To do this, you must note that you bear the full burden of proof and that certificate evaluations are highly subjective and difficult to verify.
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