The Vocational Training Act stipulates that all apprentices are entitled to a written certificate upon completion of their training. The company is therefore obligated to issue such a certificate and to word it truthfully, favorably, and clearly.
To help employers meet these requirements, a standard language for certificates has developed over the years. It includes school grades expressed in specific phrasing. Hidden references to negative statements about the employee—so-called “secret codes”—must not be included in the certificate.
The formal completion certificate must include, among other things, a detailed description of duties with training stations and content, a performance evaluation, a behavioral evaluation, and a summary overall evaluation. If you have any issues with the certificate, you can contact the youth and apprentice representative, the works council, or one of our local offices. Our members can take advantage of free DGB legal protection in the event of disputes with their employer.
Reference Letter When Changing Employers
When an employee’s employment relationship ends, they are also entitled to a written employment reference. This is stipulated in Section 109 of the Trade Regulation Act. A certificate of employment that provides information about the existence and duration of an employment relationship does not replace the employer’s obligation to provide a reference. Even if young people change their apprenticeship position or vocational training program, or terminate their training entirely, they can request a corresponding reference. The interim or final reference can be issued as a simple or qualified reference.
While a simple certificate need only contain information about the nature and duration of the work or training, a qualified certificate additionally includes an evaluation of performance and conduct. By law, the employer is initially obligated to provide only a simple certificate in these cases. If, however, a trainee or employee wishes to receive a qualified certificate, they must expressly request it from the employer.
Requesting Corrections
If an employer fails to issue a reference despite repeated requests and an employee’s job application is rejected as a result, the employee may assert a claim for damages against the employer. If the employer has issued a reference but it is of questionable quality or contains poor or inaccurate assessments, an employee or trainee may demand a correction—through legal action if necessary. The employer may not respond to a justified request for correction of a reference with a worse evaluation.
Statutes of limitations may also apply to references, or forfeiture may apply in the case of a correction. Therefore, an employee should seek a reference promptly after the end of the apprenticeship or employment relationship. In addition, the reference should be reviewed from a legal perspective as soon as possible after receipt, and corrections should be requested. We also support our members in this regard. Please contact your local office for assistance.
