Based on the duty of care, the employer is obliged to issue employment reference letters to its employees when requested. The employee is entitled to a full reference letter in the form of an interim reference letter (during the employment) or a final reference letter (at the end of the employment term) as well as to a mere confirmation of employment ("simple reference letter").

In this article, we outline the essential legal requirements for a reference letter and explain certain procedural aspects.

Formal requirements

Generally speaking, an employment reference letter must be provided in writing, legally valid and correct.

• Written form: The reference letter must be issued in a form that can be verified by text and, depending on its content, be designated as a confirmation of employment, interim reference or final reference letter. The employment reference letter must not contain any handwritten insertions or deletions.
• Legal validity: The employer (i.e., an authorized signatory) must sign the reference letter by hand or by means of a qualified electronic signature (QES) and indicate the place where the reference letter was issued. If the place of issuance differs from the employee's actual place of work, the place of work must be stated in the reference letter.
• Language: The reference letter must be written in the language spoken at the place of work. If the language spoken at work does not correspond to the language spoken at the place of work, the employee is entitled...

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