The importance of the work certificate “Arbeitszeugnis” in Germany explained

 

The importance of the work certificate “Arbeitszeugnis” in Germany

General meaning

„Arbeitszeugnis“ is a German term that translates to „employment reference“ or „work certificate“ in English. It is a formal document provided by an employer to an employee upon the termination of their employment. The Arbeitszeugnis serves as an official record of the employee’s work history, performance, and conduct during their tenure with the company. It is an important document in the German-speaking job market, often required when applying for new jobs. Understanding the nuances and reading between the lines of an Arbeitszeugnis can be crucial for both employees and potential employers.

An Arbeitszeugnis typically includes the following elements:

1. Introduction: The document begins with the employee’s name, position, and the duration of employment.
2. Job Description: A detailed account of the employee’s responsibilities and tasks.
3. Performance Evaluation: An assessment of the employee’s performance, skills, and achievements.
4. Behavioral Evaluation: An evaluation of the employee’s conduct and relationship with colleagues, supervisors, and clients.
5. Conclusion: A closing statement that often includes well-wishes for the employee’s future and the reason for their departure if appropriate.
6. Signature and Date: The document is signed by a representative of the employer and datet on the last day of the contract

Arbeitszeugnisse come in two main types:

• Simplyes Arbeitszeugnis (simple employment reference): This includes basic information such as the employee’s job title, duration of employment, and a brief description of their duties.
• Qualifiziertes Arbeitszeugnis (qualified employment reference): This provides a more comprehensive assessment, including detailed evaluations of the employee’s performance and behavior.

In Germany, Arbeitszeugnisse are expected to be written in a positive tone, even when there are negative aspects to address. Employers often use standardized language and phrases to convey specific meanings subtly. For example, „stets zur vollsten Zufriedenheit“ (to the fullest satisfaction) indicates excellent performance, whereas „zur Zufriedenheit“ (to satisfaction) might suggest merely adequate performance.

The concept of the „Arbeitszeugnis“ has more layers and cultural significance in the German-speaking job market. Let’s delve deeper into its various aspects:

Legal Basis and Requirements

In Germany, the right to receive an Arbeitszeugnis is enshrined in labor law. According to Section 109 of the German Trade Regulation Act (Gewerbeordnung), employees have a legal right to request an Arbeitszeugnis. This ensures that every employee, regardless of their position or the duration of their employment, can obtain a formal document that reflects their work history and performance.

Types of Arbeitszeugnisse

1. Einfaches Arbeitszeugnis (Simple Employment Reference):
   • Contains basic information about the employment.
   • Typically includes the employee’s name, position, and duration of employment.
   • Provides a brief description of tasks and responsibilities.
   • Does not include performance or behavioral evaluations.
2. Qualifiziertes Arbeitszeugnis (Qualified Employment Reference):
   • More detailed and comprehensive.
   • Includes the same basic information as a simple reference.
   • Provides detailed evaluations of the employee’s job performance, professional skills, achievements, and personal conduct.
   • Often includes specific comments on the employee’s ability to work independently, leadership qualities (if applicable), and teamwork skills.
   • Employers may also comment on the employee’s reliability, punctuality, and ability to handle stress.

Standard Phrases and Their Meanings

Due to legal implications, German employers tend to use standardized and euphemistic phrases to convey the employee’s performance and behavior. Here are some common phrases and their interpretations:

• „Stets zu unserer vollsten Zufriedenheit“: This phrase indicates that the employee performed their duties to the employer’s fullest satisfaction, suggesting excellent performance.
• „Stets zu unserer vollen Zufriedenheit“: Indicates very good performance but slightly less than the highest praise.
• „Zu unserer Zufriedenheit“: Suggests satisfactory performance, often interpreted as mediocre.
• „Im Großen und Ganzen zu unserer Zufriedenheit“: Means that the performance was generally satisfactory but implies notable shortcomings.

Hidden Codes and Euphemisms

Employers may use coded language to comply with legal requirements while subtly indicating negative aspects of an employee’s performance or behavior. For example:

• „Bemüht“: If an employee is described as „always tried“ (stets bemüht), it implies that despite their efforts, they did not achieve the desired results.
• „Gesellig und aufgeschlossen“: Describing an employee as sociable and outgoing may hint at a tendency to engage in non-work-related socializing or even excessive friendliness.

Disputing an Arbeitszeugnis

If an employee feels that their Arbeitszeugnis is unfair or contains inaccuracies, they have the right to request a revision. This process involves:

• Discussing with the Employer: The employee can request changes or clarifications directly from the employer.
• Legal Action: If an agreement cannot be reached, the employee can take legal action. German labor courts (Arbeitsgerichte) handle such disputes and can order the issuance of a corrected Arbeitszeugnis if the employee’s claims are justified.

Importance in Career Development

Given its significance, having it checked by a „Fachanwalt für Arbeitsrecht“ (specialist lawyer for employment law) is highly beneficial for several reasons:

1. Accuracy and Legality:
   • A specialist lawyer ensures the Arbeitszeugnis complies with all legal standards and regulations, avoiding any misleading or illegal statements that could harm the employee’s future job prospects.
   • They can identify and correct subtle, coded language that might negatively impact the employee.
2. Clarity and Fairness:
   • Lawyers help ensure that the document is clear, fair, and accurately reflects the employee’s performance and conduct, protecting the employee’s reputation.
   • They ensure that the language used is unambiguous and free from hidden criticisms.
3. Protection from Negative Implications:
   • They can identify and challenge any negative implications or unfair assessments within the document.
   • By ensuring the document is fair and positive, the lawyer helps safeguard the employee’s career opportunities.
4. Negotiation Support:
   • If discrepancies or unfair statements are found, a specialist lawyer can assist in negotiating a revised and more favorable Arbeitszeugnis with the employer.
   • They provide legal backing and expertise in discussions with the employer, increasing the chances of a favorable outcome.
5. Preventing Discrimination:
   • Lawyers ensure that the Arbeitszeugnis is free from discriminatory remarks based on gender, age, race, or other protected characteristics.
   • They ensure that the content adheres to anti-discrimination laws and standards.
6. Professional Insight:
   • A specialist in employment law has extensive knowledge of what constitutes a good and legally compliant Arbeitszeugnis.
   • They bring professional insight into industry standards and employer expectations, ensuring the document meets these criteria.

In summary, having an Arbeitszeugnis checked by a Fachanwalt für Arbeitsrecht helps protect the employee’s rights, ensures the document’s accuracy and fairness, and ultimately supports the employee’s career development by presenting their past employment in the best possible light. Do not hesitate to contact us.