Examination of work reference
February 3, 2012 | 40,00 EUR | answered by Steffan Schwerin
Dear Sir or Madam,
I am not satisfied with the reference letter for my mother and believe that there is a need for significant corrections.
Would you be able to review the letter and draft a letter to the employer with the necessary corrections?
Thank you for your efforts.
Sincerely,
Dear questioner,
I will answer the questions you have posed, taking into account the facts presented and your input as follows:
There is a standard structure for creating a certificate. The steps to follow are as follows:
Heading - Title of the certificate: Interim certificate, internship certificate, etc.
Introduction - Employee's personal details and duration of employment
Job description - Employee's position and description of their skills in the company
Performance assessment - Employee's work style, performance, and achievements
Behavioral assessment - Behavior towards superiors, colleagues, possibly customers, and other individuals
Conclusion - If requested by the employee, the reason for the end of the employment relationship should be stated. At the end: closing formula with best wishes for the future.
Negative observations and remarks are not allowed in the work certificate. Similarly, the employer is not obligated to give departing employees good wishes for their professional and personal future. There are various court rulings on both cases, which also modify the "Regulations for Work Certificates in Business."
These regulations establish the thematic taboos for the final assessment of an employee:
Salary, reasons for termination, criminal records, warnings, illnesses/absences, decline in performance, alcohol dependence, disabilities, works council activity, union involvement, party affiliation, religious commitment, side jobs/voluntary positions, vacation and training times.
Additionally, nothing should be underlined, italicized, or bolded in the text. Exclamation, question, and quotation marks are also not allowed.
The appearance of the certificate must meet certain standards. Even though I only have a scan, I assume that the original looks "good."
Only a company stamp needs to be added, but this is not mandatory.
A closing formula with wishes for you is also missing.
The work certificate plays a significant role in the employee's job application process. It is an important factor in their professional life. On one hand, it must be truthful - on the other hand, it must not unjustly hinder the former employee's progress.
The Federal Labour Court has determined its external form (5AZR 182/92):
Good quality durable paper should be used. The certificate must be neatly written and free of stains, erasures, corrections, strikeouts, or similar marks.
The form of the certificate must also be designed in a way that does not distort its content. The external form should not give the impression that the issuing employer distances themselves from the literal wording of their statement.
It must be equipped with a proper letterhead showing the name and address of the issuer. A company stamp should be added to the signature. The employee may also request the certificate to be written in a uniform typewritten font.
The present work certificate does not meet the requirements in Part 1.
Here is a typical certificate structure with relevant information about the employee and the company.
If no factual errors are found here - such as incorrect information about you or the company - the first part can be accepted without issue.
In Part 2 of the certificate, the evaluation can be assessed as follows:
Compared to a school grade, the certificate should be rated as a "3." The employer describes what you have done and that you have done it well. However, through the choice of their wording - whether consciously or unconsciously - they do not rate your performance very highly.
Positive evaluations like "always to the fullest satisfaction" are missing.
Unfortunately, these are not present in the current certificate.
The legal basis for issuing the work certificate is § 630 BGB, § 109 GewO, and § 16 BBiG. According to § 630 BGB, employees who are not employed as workers can request a written certificate about the duration of the employment relationship upon termination of a permanent service relationship. The certificate, upon request, should cover the employee's performance and conduct. Issuing the certificate in electronic form is excluded. Certificates must be clearly and understandably formulated and should not contain characteristics or phrases aimed at making a statement about the employee other than what is evident from the external form or wording.
You are entitled to a qualified and benevolent certificate, which is not the case here.
The final paragraph can be changed as follows:
"Ms. ... was a dynamic specialist and leader who continuously led her organization with great dedication and further developed it through numerous initiatives. Through her goal-oriented and independent work, she was able to achieve consistently good results.
Ms. ... had good leadership qualities. She consistently inspired her employees and led them to high performance levels. She delegated tasks and responsibilities in a targeted manner. She always carried out her tasks to our fullest satisfaction and met our expectations in every respect."
However, there is a right to correct the certificate.
The employer is only required to provide a certificate that rates the employee's work as of medium quality, i.e., with a "3." If the employer wishes to rate you lower, they must be able to prove it. If you want a rating of "good" or "very good," you must prove that the corresponding performances were delivered.
Only then does a legal action make sense.
However, it would be advisable to approach the employer informally beforehand and request corrections.
I would be happy to do this for you.
I would like to point out that this platform cannot replace detailed and personal legal advice. Its sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide
