Under § 109 para. 1 GewO (German Industrial Code), every employee is entitled to a written reference when an employment relationship ends. The employer is obliged to issue it — regardless of whether the end results from dismissal, a termination agreement or the expiry of a fixed-term contract.
The reference must at least state the type and duration of the employment. If a qualified reference is requested or customary, it must also assess performance and conduct.
Required components
A qualified employment reference typically includes: header (name, date of birth, start and end dates), introduction, description of duties, performance assessment, conduct assessment, closing formula with reason for leaving and well-wishes, as well as place, date and signature.
If essential required sections are missing, the reference can be corrected. The right to correction generally lapses after three years.
Deadline and form
The reference must be issued without delay, at the latest when the employment ends. It must be in writing; an electronic version is only valid if both parties have agreed.
The signature must be handwritten (wet signature) — a mere scan or scanned signature is not sufficient unless explicitly agreed otherwise.