Do your colleagues appreciate your sociable nature or are you regarded as an understanding superior? That's only good as long as it doesn't appear in your reference. Because in a professional context, there are numerous supposedly positive phrases that employers like to use to express hidden criticism.
Such "secret codes" are not actually permitted in references, because according to the Federal Labor Court, the reference must be true and complete, but also benevolent. According to §109 GewO, the employer is expressly prohibited from using wording in the reference that is intended to make a statement about the employee that is not apparent from the external form or wording.
Before accepting an employment reference, it should therefore be read more carefully - inadmissible complaints can usually be found between the lines.
An employee can always take legal action against this if there is obvious irony or mockery. In many cases, however, a clear violation of the legal requirements is not easy to prove. If the reference simply does not meet the employee's expectations, it can at least be contested.
Be careful with paraphrases and empty phrases
Employees should always pay attention to awkward paraphrases, double negatives, restrictions or conspicuous phrases, even if they sound harmless at first glance. They often conceal a clear message that no potential new employer will overlook when they receive the reference.
For example, it does not look good if the customer contact is merely mentioned but not also rated well. Conversely, this means that there were problems here. The order in which things are listed can also be important. If, for example, colleagues are mentioned before superiors, the relationship with the boss was certainly not perfect.
As a rule of thumb, the more complicated something is expressed, the more suspicious it is. On the other hand, short, concise sentences that leave no room for interpretation are harmless.
The right to an employment reference is not unlimited
Incidentally, not only salaried employees are entitled to at least a simple reference, but also freelancers, trainees, mini-jobbers and interns. It must include: personal details, job description and closing formula.
The reference should be handed out on the last day of work. In the event of dismissal, however, the right to a reference exists immediately so that the dismissed employee can use the reference for an application for a new job during any notice period.
However, the employee cannot demand the issue of an employment reference for an indefinite period; the labor courts allow a maximum period of ten months for this. After that, the claim is forfeited.
An overview of a few of the worst formulations:
| He was always a valued conversation partner. | He often had private conversations at work. |
| His way of working was characterized by diligence and punctuality. | He lacks professional qualifications. |
| He achieved considerable success. | His work performance was below average. |
| He always endeavored to understand the tasks assigned to him. | He had no idea what he was doing. |
| We wish him every success and good health. | He was constantly ill. |
| He showed great empathy in his dealings with colleagues. | He flirted at work and sought sexual contact with colleagues. |
| He was always an understanding superior. | He was unable to assert himself and was not a leader. |
| He knew how to delegate tasks. | The employee avoided work and preferred to pass it on to others. |
| He was committed to the interests of employees both inside and outside the company. | The employee was involved in the works council or a trade union. |
| He has always carried out tasks in his own interests and in the interests of the company. | The employee has stolen something or committed other serious misconduct. |
| He contributed to improving the working atmosphere through his sociability. | The employee has an alcohol problem and this became clear in the workplace. |
| He has actively engaged with his colleagues. | Fisticuffs broke out. |
| He always behaved in an exemplary manner towards colleagues and superiors. | He had problems with his superiors. (That's why they are named after his colleagues). |
