Section 109 of the German Trade Regulation Act (GewO) stipulates that employers must issue qualified references to employees. (Photo: © ginasanders/123RF.com)
Read aloud:
If the employer refuses to issue a reference to former employees, even though he had agreed to do so in court, he can be forced to do so.
If the former boss is being stubborn, even though he had already agreed in a court settlement to issue a qualified letter of reference , then the former employee can enforce this through legal proceedings , says the Rhineland-Palatinate State Labor Court.
The former practice manager of a dental practice is also the ex-wife of her employer. He had dismissed her. In a settlement before the labor court , they agreed that he would issue her a favorable, qualified letter of reference . It was to include the performance evaluation "always to our complete satisfaction" and the conduct evaluation "always impeccable," as well as a "formula of thanks, closing remarks, and best wishes . "
Her former employer subsequently refused to issue her with this certificate. The woman went to court again to obtain it.
Because of the settlement, the employer was required to issue a letter of reference that reflected the specific agreements. The labor court imposed a fine of €5.000 on the dentist to compel him to issue the reference. If he failed to pay, the court ordered his imprisonment for up to six months.
Operations management
Operations management
Operations management
Section 109 of the German Trade Regulation Act (GewO) stipulates that an employer must issue a qualified reference letter to an employee . This reference must be written in a benevolent manner. In the preceding court settlement, the parties had agreed on the performance and conduct evaluation that the reference letter should contain. The phrases "always to our complete satisfaction" and "always impeccable," as well as a "thank you, closing remarks, and best wishes," were to be included.
The court can readily verify, in proceedings under Section 888 of the German Code of Civil Procedure (ZPO) , whether these formulations are contained in the reference letter. Enforcement is also possible, and the application is sufficiently specific, as the settlement agreement provides adequate guidelines. However, an agreement on a "favorable" reference letter alone would not have been sufficient; the settlement agreement would therefore not have been enforceable.
Rhineland-Palatinate Regional Labour Court, decision of 24 January 2025, file no. 5 Ta 1/25
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