Job reference for part-time work
When you terminate your employment relationship, you as an employee are entitled to a written certificate. Your employer must issue you with a job reference even if you only worked part-time. Pay attention to a few details.
As an employee, you have the right to have a certificate issued. This applies regardless of whether you were employed full-time, marginally employed or only worked part-time.
Your employer has to evaluate you even if you are working part-time
- The legal basis is Section 109 of the Trade Regulations. This regulation applies to all employees, while the previously cited Section 630 of the German Civil Code (obligation to issue certificates) only applies to persons who are obliged to serve and who are similar to employees.
- According to § 109 GewO, your certificate must contain at least information about the type and duration of your activity. It is then a simple testimony.
- In addition, you can also request a qualified certificate if you are employed part-time. Then the employer must also provide information about your performance and your behavior in the employment relationship.
- You are only entitled to a certificate upon termination of your employment relationship. However, the employer no longer has to comply with your request for a certificate to be issued during the existence of your employment relationship.
- Your entitlement already arises with the receipt of the termination and not only when your employment relationship actually ends on time. The case law grants you an interim reference in the event that your employer promises to dismiss but has not yet given notice. You can then apply elsewhere and present a job reference.
Certificate in the event of termination without notice - your statutory entitlement
If there is an abrupt termination of the employment relationship for certain reasons, ...
Job reference must contain true information
- Furthermore, the law determines that your certificate of employment must be formulated in a clear and understandable manner. Your employer may not write in any characteristics or formulations that contradict the other statements in the certificate.
- Basically, even part-time, it should be formulated benevolently and your commitment to a new one Workplace rather promote and if possible not hinder.
- Your job reference may only contain facts, no allegations or assumptions or assumptions. Subjective assessments are out of place. Conversely, the employer is also obliged to report serious deficiencies (criminal offense) that have influenced your employment relationship.
- The law expressly excludes certificates in electronic form. Your job reference must be in writing.
- Your employer bears the burden of proof for a bad report card that does not meet the requirements of the job market. If your employer deliberately provides incorrect information, he will be liable to you for damages.
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