Am I entitled to a job reference?
Yes. Under § 109 GewO you're entitled, on ending the employment, to a written job reference. There's the simple reference (type and duration of work) and, on request, the detailed reference that also assesses performance and conduct. The reference must be true yet benevolent in wording and must not needlessly hamper your career. Hidden negative codes aren't allowed. On grading: a 'satisfactory' is the average — for a better grade you must prove better performance, for a worse one the employer bears the burden of proof.
📋 The rules
- Right to a written reference on ending the job (§ 109 GewO)
- Simple or — on request — detailed reference (performance + conduct)
- Must be true and benevolent, no ambiguous secret code
- Grade 'satisfactory' = average; burden of proof depends on the deviation sought
- An interim reference is also possible with a legitimate interest
🔓 Exceptions
- No right to a specific 'desired grade' — only to a fair, performance-based reference
- The employer can refuse pure courtesy ratings
- For very short employment the detailed reference may be briefer
⚠️ Penalties & fines
It's about a claim. If the employer issues no reference or a flawed/disparaging one, you can demand issuance or correction — if needed before the labour court. If they delay it and you suffer a disadvantage (e.g. a lost application), even damages may be on the table. Best request the reference early and in writing.
📎 Official sources
- § 109 GewO · Reference →
- Federal Labour Court · Reference language and grading (case law) →
- DGB · Job reference: your rights →
❓ Frequently asked
Am I always entitled to a job reference?
Yes. On ending the employment you must get a written reference. On request a detailed one assessing performance and conduct — otherwise at least a simple one with the type and duration of work.
Must the reference be benevolent?
Yes, but also true. It must not needlessly hamper your career, yet contain no false praise. Hidden downgrades in codes or vague wording aren't allowed.
What does the grade in the reference mean?
Phrases like 'always to our full satisfaction' map to school grades. 'To our full satisfaction' (satisfactory) counts as average. For a better grade you must prove it; for worse than 'satisfactory' the employer bears the burden of proof.
Can I have a wrong reference corrected?
Yes. If it's untrue, incomplete or disparaging, you can demand correction — if needed before the labour court. Keep proof of your performance to support corrections.
Can I get a reference during the job?
With a legitimate interest, yes, as an interim reference — e.g. on a change of manager, an internal application or before a long absence. It assesses your work so far.
🔎 Common searches
What people search to land here:
- “right to job reference 109 gewo”
- “detailed reference request”
- “reference grade satisfactory average”
- “reference correction claim”
- “interim reference right”
- “benevolent job reference right”