Reference: The former employee is sometimes allowed to force the boss to sign it.

The employee writes their own reference letter, and the boss simply signs it. This is the usual procedure in a settlement after a dismissal. The Federal Labor Court recently clarified when an employer can refuse to do so.

This article is part of the special topic: How to write employment references correctly.

Typically, in unfair dismissal proceedings, a settlement agreement stipulates that the employer will issue a qualified letter of reference . Often, the employee is allowed to submit a draft . But is the former employer obligated to implement this draft exactly? Yes, says the Federal Labor Court. However, there are certain exceptions.

The case

Following his dismissal, a managing director submitted a draft reference letter to his former employer during the labor court proceedings . This had also been agreed upon in the court settlement – ​​in a so-called draft clause. However, the clinic refused to issue the reference letter. The managing director subsequently applied for a coercive fine against the company.

Die Entscheidung

The Düsseldorf Regional Labor Court had initially rejected the man's claim due to a lack of specificity in his draft. However, the Federal Labor Court (BAG) disagreed and clarified that draft clauses are generally enforceable if the specific content of the reference letter can be easily and reliably determined from the draft . A draft can also be submitted subsequently during enforcement proceedings; it does not need to be available at the time of the settlement.

Enforceability therefore requires that the content of the certificate be clearly defined. Regulations that merely require a grade or contain general formulations such as a "favorable, qualified certificate" do not meet this requirement without further specification. Only with clearly defined performance and conduct assessments or a fully formulated closing statement are enforceable titles available.

You might also be interested in:

Operations management

Construction site travel as working time: When do you get paid?

Operations management

Pension insurance: Minijobbers now have a choice

Operations management

Offer via WhatsApp has an expiry date

The employer can only prevent enforcement if they specifically demonstrate that the draft violates the principles of truthfulness or clarity in employment references. This was the case here, which is why the Federal Labor Court (BAG) rejected the former employee's application. The content of the reference must then be clarified in separate proceedings.

practical tip

"Court-approved draft clauses are therefore not a non-binding 'nice to have,' but rather, in principle, enforceable obligations – however, only within the limits of truthfulness and clarity in employment references," comments employment law specialist Miriam Siemen . " Employees gain real leverage if the employer fails to issue draft references submitted as agreed. However, this leverage is ineffective if the employer can demonstrate specific and comprehensible violations of truthfulness or clarity in employment references."

However, the situation is different if the agreement only stipulates that the employer must issue a certificate with a specific grade : This regulation creates such a wide scope for decision-making in the concrete formulation and weighting of individual aspects that, due to a lack of specificity, there is no enforceable title.

The same applies to a clause that requires the employer to issue a "favorable qualified" reference , the specialist lawyer emphasizes: This is only sufficiently specific if the parties also formulate important key points in concrete terms , such as an assessment of performance and conduct or a closing formula.

Federal Labour Court, decision of 7 May 2026, file no. 8 AZB 25/25

 The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

DHB now also available digitally! Simply click here and register for the digital German Crafts Journal (DHB)!