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The job reference does not come: demand its issue

You are entitled to a qualified job reference, at the latest by the end of the employment relationship. If the employer delays issuing it, that costs you valuable time when applying. You can demand its issue with a deadline and, if necessary, sue for it.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Request the reference in writing

Your chances of getting your money back

On termination of the employment relationship you are entitled to a written reference, on request as a qualified reference on performance and conduct (§ 109 GewO).
Already during the ongoing employment relationship you can demand an interim reference if you have a legitimate interest, for example on a change of supervisor or for applications.

What you should do now

  1. 1

    1. Request the reference in writing

    Request the (qualified) reference in writing and set a specific deadline (e.g. two weeks).

  2. 2

    2. Document the delay

    Record when the employment relationship ended and when you made the request; this proves the delay.

  3. 3

    3. Keep the damage in view

    If an application is demonstrably delayed as a result, a damages claim can come into consideration.

  4. 4

    4. Sue if necessary

    If the employer remains inactive, you can sue for the reference before the labor court. Observe exclusion periods in the contract.

How to spot the scam

  • The employer keeps putting you off without a reference.
  • Instead of a qualified reference, only a brief certificate of activity comes.
  • The contract contains short exclusion periods for such claims.

Frequently asked questions

When must the job reference be available?

In principle by the end of the employment relationship. You are entitled to a qualified reference on the type, duration, performance and conduct (§ 109 GewO). You do not have to accept delays.

Can I demand damages if it comes too late?

If a damage demonstrably arises for you from the delay, such as a failed application, damages come into consideration. However, the proof is often difficult.

What can I do if no reference comes at all?

Request it in writing with a deadline. If the employer does not respond, you can sue for the issue of the reference. Watch for contractual exclusion periods.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.