An employment confirmation letter (German: Arbeitsbestätigung) is a simple document that puts the start and end of an employment relationship and the role held in writing — without any assessment of performance or conduct. Under §630 of the German Civil Code (BGB) and §109 of the Trade Regulation Act (GewO), employees have a statutory right to receive one. It must not be confused with a qualified employment reference (Arbeitszeugnis) or the official employment certificate (Arbeitsbescheinigung) required under §312 SGB III.
What Is an Employment Confirmation Letter?
An employment confirmation letter — also referred to as a basic employment reference — is the most minimal form of employment document that a company issues upon the end of an employment relationship. It records that a person worked at the company, what position they held, and how long the employment lasted. It explicitly contains no evaluation of performance or behaviour.
Employees frequently need this document for external purposes: banks require it for loan applications, landlords for rental agreements, and public authorities for various application processes. For HR professionals, it is therefore a standard document that should be issued promptly and in a legally sound manner.
Legal Basis: Are Employees Entitled to One?
§630 BGB and §109 GewO
Yes — the right to an employment confirmation letter is anchored in law. According to §630 of the German Civil Code (BGB), employees may request a written reference upon the termination of a permanent employment relationship. For employees in the commercial sector, §109 of the Trade Regulation Act (GewO) explicitly governs this entitlement as well.
Both provisions distinguish between a basic reference (= employment confirmation letter) and a qualified reference (= employment reference with a performance and conduct assessment). Employees may choose which form they request.
When Does the Entitlement Arise?
The entitlement arises in principle upon termination of the employment relationship — regardless of which party initiated it. This applies in cases of:
- ordinary or extraordinary termination by the employer
- resignation by the employee
- expiry of a fixed-term contract
- mutual termination agreement (Aufhebungsvertrag)
An interim reference (Zwischenzeugnis) may also be requested during an ongoing employment relationship — for example, for a bank loan or a rental agreement. An interim reference contains the same information as an employment confirmation letter, but adds the statement: "The employment relationship continues without notice of termination."
What Happens If the Employer Refuses to Issue One?
Issuing this document is not a voluntary gesture — it is a legal obligation. If an employer refuses or unreasonably delays issuance, the employee has the right to enforce it through the courts, if necessary by way of an injunction. In practice, refusals are rare; in cases of uncertainty, a written request with a stated deadline is advisable.
What Must an Employment Confirmation Letter Contain?
Mandatory Information
A legally compliant employment confirmation letter must include at least the following:
- First and last name of the employee
- Date of birth (customary in practice, though not strictly required by law)
- Name and address of the company
- Start date of employment
- End date of employment (or "to the present" in the case of an interim reference)
- Description of the role — job title and key responsibilities
- Place and date of issue
- Signature of the authorised employer representative (handwritten or digital, depending on company policy)
Optional Information
Where applicable, the following may also be included:
- Type of contract (fixed-term/permanent)
- Employment scope (full-time/part-time, hours per week)
- Department or cost centre
- Direct line manager (uncommon, but possible)
What Must Not Be Missing?
If the exact dates of employment are absent or the job description is too vague, the letter cannot fulfil its purpose. Banks and public authorities generally require specific details. A phrasing such as "was employed at our company" is often insufficient — the precise job title should be clearly identifiable.
Employment Confirmation Letter, Employment Reference, and Employment Certificate Compared
A common source of confusion in HR practice: these three documents are regularly mixed up — even though they differ significantly in content and legal function.
The employment certificate under §312 SGB III is the most frequently confused document. It is not a personal proof of employment for third parties, but rather an official form that employers are obliged to complete and submit directly to the Federal Employment Agency (Bundesagentur für Arbeit) upon an employee's departure — so that the employee can apply for unemployment benefit.
Template: What an Employment Confirmation Letter Looks Like
The following template can be used as a basis in HR practice. It covers all mandatory information and is phrased in neutral terms:
[Company Name][Street, Postcode, City][Phone, Email]
Employment Confirmation Letter
This is to confirm that
[First Name Last Name], born on [Date of Birth],
was employed at our company from [Start Date] to [End Date].
[First Name Last Name] held the position of [Job Title / Role] and was responsible for [brief description of responsibilities, e.g. "managing existing B2B client accounts in the sales division"].
The employment relationship ended by [employer termination / resignation / expiry of fixed-term contract / mutual termination agreement].
[City], [Date]
[Signature][Name and title of the signatory]
Note: This template serves as a general guide. In special circumstances — such as parental leave, part-time arrangements, or multiple positions held within the same company — the job description should be adapted accordingly.
Frequently Asked Questions About Employment Confirmation Letters
What is the difference between an employment confirmation letter and an employment reference?
An employment confirmation letter is the most basic form of employment document: it contains facts only — when someone worked at the company and in what role. An employment reference goes further: a qualified employment reference (qualifiziertes Arbeitszeugnis) also includes a detailed assessment of performance and conduct. Employees may choose which form they request — the qualified version is generally preferable for job applications.
Do employees have a statutory right to an employment confirmation letter?
Yes. Under §630 BGB and §109 GewO, employees are entitled to a written reference upon termination of the employment relationship. Employers cannot refuse to issue it. If they do so without justification, employees may enforce their entitlement through the courts.
Is an employment confirmation letter the same as an employment certificate?
No — this is a common misconception. The employment certificate under §312 SGB III is an official form that employers are legally required to submit to the Federal Employment Agency upon termination. It is used exclusively for unemployment benefit applications and contains information on salary, working hours, and the reason for termination. An employment confirmation letter, by contrast, is a private document for personal use.
Can I request an employment confirmation letter during an ongoing employment relationship?
Yes. In that case, it takes the form of an interim reference (Zwischenzeugnis). The entitlement exists where there is a legitimate interest — for example, for a loan application, a rental agreement, or an official request. An interim reference contains all the usual information, but adds the statement: "The employment relationship continues without notice of termination."
What information must an employment confirmation letter include?
The minimum requirements are: the employee's name, the company's name and address, the start and end dates of employment, a description of the role performed, and the place, date, and signature of the employer representative. If any of these details are missing, the document may not fulfil its purpose — for example, when presented to a bank or public authority.
How long is an employment confirmation letter valid?
There is no statutory validity period. In practice, banks, public authorities, and landlords often require recent documents, typically no older than three to six months. For historical proof — such as in pension calculations or background checks — older confirmation letters may still be accepted.
Does the employment confirmation letter need to be an original?
There is no legal requirement specifying original versus copy. In practice, however, many institutions require the original on official company letterhead with a handwritten signature. Issuing the letter on headed paper with a genuine stamp and signature is therefore recommended — even as digital documents are increasingly accepted.
Conclusion
The employment confirmation letter is a legally well-defined document that is frequently underestimated in HR practice. Under §630 BGB, employees have a statutory right to receive one; for HR professionals, this means that prompt, complete, and legally sound issuance is a requirement, not an option.
The most common error in practice is confusing it with the employment certificate under §312 SGB III — an official form for the Federal Employment Agency that serves a different purpose and must be submitted separately. Clear internal distinctions and up-to-date templates help avoid unnecessary effort and legal risk.
For further reading: if you would like to structure your entire HR cycle — from the job interview through to offboarding — more systematically, the concept of Talent Relationship Management offers useful approaches.
Looking to make your recruitment process more effective with objective aptitude diagnostics? The Aivy platform supports companies in selecting candidates fairly, scientifically, and with reduced bias. Learn more about Aivy's scientific aptitude diagnostics.
Sources
- §630 BGB – Obligation to issue a reference. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/bgb/__630.html
- §109 GewO – Reference. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/gewo/__109.html
- §312 SGB III – Employment certificate. Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/sgb_3/__312.html
- Information sheet on the employment certificate. Federal Employment Agency, 2024. https://www.arbeitsagentur.de/
- Employment reference: Basic and qualified reference. Haufe editorial team, 2024. https://www.haufe.de/personal/hr-management/arbeitszeugnis/
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