If you’ve worked in Germany or plan to, you’ll likely come across the term Arbeitszeugnis. It’s more than just a reference letter – it’s a legally mandated document that can play a crucial role in shaping your professional future. The equivalent of the SCHUFA that landlords ask for, the Arbeitszeugnis can be challenging topic for expats who have just moved to Germany and only have regular reference letters from abroad. Therefore, if you haven’t already, take this as a sign to request one from any German employers you’ve had.
This guide will provide a comprehensive overview of what the Arbeitszeugnis is, why it’s important, and what you need to know about it.
What is an Arbeitszeugnis?
An Arbeitszeugnis is an employment certificate required by German law, issued by an employer (most often, but not always) upon the termination of an employment relationship. It serves as a formal document outlining your job history, performance, and conduct during your time with the company. Employers in Germany are legally obligated to provide this document when requested, making it a standard part of the recruitment and job application process. Employers often require it as part of the application package, using it as verified proof of your work experience and professional behaviour.
Types of Arbeitszeugnisse
1. Einfaches Arbeitszeugnis (Simple Employment Reference)
This is a straightforward document that can serve as proof of employment, and includes:
- Your job title
- The duration of your employment (start and end dates)
- A brief description of your duties
It provides a basic overview of your role without assessing performance or conduct.
2. Qualifiziertes Arbeitszeugnis (Qualified Employment Reference)
This type goes a step further, including in addition to the above:
- Detailed evaluations of your job performance
- An assessment of your behaviour toward colleagues, supervisors, and clients (if applicable)
A Qualifiziertes Arbeitszeugnis provides potential employers with a deeper insight into your skills, achievements, and workplace behaviour. Employees often aim to procure a qualified reference as it demonstrates their capabilities and conduct more comprehensively.
Legal Framework and Employee Rights
The legal foundations for the Arbeitszeugnis are primarily outlined in Section 109 of the Gewerbeordnung (Trade Regulation Act). This section explicitly grants employees the right to request a written employment reference when their contract ends. Additionally, Section 630 of the Bürgerliches Gesetzbuch (BGB – Civil Code) outlines the general obligation of employers to provide information about the employment relationship upon its termination.
Entitlement
Employees can request an Arbeitszeugnis, and employers must comply. The document must be signed in wet ink unless the employee consents to receiving it in electronic format.
Accuracy and Objectivity
The document must be truthful and fair, yet benevolent, to ensure legal compliance. Employers cannot include explicitly negative remarks, as doing so may result in a lawsuit. However, coded language is often used to convey hidden meanings regarding performance levels.
Disputes and Revisions
If an employee believes their Arbeitszeugnis contains inaccuracies or is unfair, they have the right to request revisions. These discussions typically start between the employee and the employer. However, if unresolved, legal action can be taken to ensure the document meets statutory requirements.
Structure and Content of a Typical Arbeitszeugnis
A well-structured Arbeitszeugnis generally includes the following sections:
Personal Information
– Address
– Employee’s full name
– Date of birth
Details of the Employer
– Company description
Employment Details
– Job title(s)
– Start and end dates
– Summary of responsibilities
Performance Evaluation
– Quality of work
– Efficiency and achievements
Behavioural Assessment
– Interaction with supervisors, colleagues, and clients
Reason for Termination (Optional)
– If appropriate, a brief explanation of why the employment ended
Final Remarks
– Expressions of appreciation for the employee’s contributions
– Statement on whether the company would consider rehiring the employee in the future
– Good wishes for the future
Signature and Date
– The employer’s signature and the date of issuance
Decoding the Language in an Arbeitszeugnis
German Arbeitszeugnisse are known for using coded language and phrases that, while seemingly positive, may carry specific connotations. For example:
German phrase | English translation | Performance level |
“Stets zu unserer vollsten Zufriedenheit” | “Always to our fullest satisfaction” | Excellent performance |
“Zu unserer vollsten Zufriedenheit” | “To our fullest satisfaction” | Very good performance |
“Stets zu unserer Zufriedenheit” | “Always to our satisfaction” | Good performance |
“Zu unserer Zufriedenheit” | “To our satisfaction” | Average performance |
“Im Großen und Ganzen zu unserer Zufriedenheit” | “For the most part to our satisfaction” | Below average (borderline) |
Understanding these nuances is crucial, as they can subtly reflect your employer’s true assessment of your abilities.
The Cultural Importance of an Arbeitszeugnis
Germany’s professional culture places significant weight on the content and phrasing of an Arbeitszeugnis. Unlike reference letters in other countries, these documents are structured and formulated to provide a standardised evaluation. Potential employers in Germany rely heavily on these certificates during the hiring process, making them, in some cases, a critical component of your job applications.
Why the Arbeitszeugnis Matters
An Arbeitszeugnis is more than a formal record of your employment. It acts as a window into your professional history and achievements. A well-crafted Qualifiziertes Arbeitszeugnis can open doors to new opportunities, while a poorly written or ambiguous one can raise questions about your suitability for future roles.
Both employees and employers should approach this document with care, ensuring it accurately reflects the professional relationship while respecting the legal and cultural standards.
The Arbeitszeugnis is a vital part of Germany’s employment landscape. For employees, it represents an official acknowledgment of their contributions and qualities. For employers, it’s a way to provide fair and constructive feedback, serving as a lasting document of an employee’s relationship with the company.
Understanding its structure, purpose, and legal framework will ensure you’re well-prepared to handle it, both as an employer or employee. Whether you’re crafting or receiving one, approaching the Arbeitszeugnis with diligence and fairness ensures its integrity and value.