A Zwischenzeugnis (interim employment reference) is a written assessment of an employee's performance and conduct, issued while the employment relationship is still ongoing — as opposed to a final employment reference (Arbeitszeugnis), which is only issued after the employment ends. Employees in Germany may request an interim reference when they have a legitimate reason (triftiger Grund); employers may decline if no such reason exists. The legal basis is § 109 of the German Trade Regulation Act (Gewerbeordnung, GewO) in conjunction with § 630 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
What Is an Interim Employment Reference (Zwischenzeugnis)?
An interim employment reference is an official, written evaluation issued by an employer for a current employee — while the employment relationship is still active. It documents the employee's duties, performance, and professional conduct as of the date of issue, not retrospectively after departure.
The document is always issued as a qualified reference (qualifiziertes Zeugnis): in addition to describing the employee's duties, it also includes an assessment of work performance and conduct. A basic reference (einfaches Zeugnis) — which lists only factual information without any evaluative rating — is not standard practice for interim references in Germany.
Interim Reference vs. Final Employment Reference
The key differences lie in timing and language:
- Timing: An interim reference is issued during the active employment relationship; a final employment reference is only issued after the employment has ended.
- Tense: An interim reference is written in the present tense ("she manages …"), whereas a final employment reference uses the past tense ("she managed …").
- End date: An interim reference does not include an end date for the employment, because the employment is still ongoing. A final employment reference must include the end date.
These distinctions are not merely formal: issuing an interim reference in the past tense inadvertently signals that the employment has already ended — a potential legal issue with real consequences.
Legal Framework in Germany
§ 109 GewO and § 630 BGB
The statutory entitlement to a written employment reference in Germany derives primarily from § 109 of the German Trade Regulation Act (GewO), which grants employees the right to a written reference upon termination of employment. For service contracts, § 630 BGB establishes a comparable obligation to provide a reference.
An explicit statutory entitlement to an interim reference — issued during ongoing employment — cannot be directly derived from these provisions alone. However, German courts have consistently recognised that employees may claim an interim reference when a legitimate reason (triftiger Grund) exists.
Important to note: the right to claim a reference is subject to the standard limitation period under § 195 BGB — three years after the end of the employment relationship. For interim references requested while still employed, this is less of a concern, but it underscores the importance of acting promptly.
Entitlement Under Collective Agreements (TVöD)
In the German public sector, the entitlement to an interim reference is explicitly regulated. § 35 TVöD (the Collective Bargaining Agreement for the Public Sector) stipulates that employees may request an interim reference upon demand — particularly in cases of a change in line management, transfer, or other legitimate interest. Public sector employers therefore have a clearer and stronger obligation than those operating under private law.
Similar provisions may also be found in works agreements (Betriebsvereinbarungen) or sector-specific collective agreements. HR professionals should check whether any applicable collective agreements in their organisation include such clauses.
When May an Employer Refuse?
If no legitimate reason exists, an employer may lawfully decline to issue an interim reference. Any refusal must be objectively justified. What is expressly impermissible, however, is refusing to issue a reference in order to retain an employee or prevent them from resigning — a principle the Federal Labour Court (Bundesarbeitsgericht, BAG) has affirmed on multiple occasions.
Legitimate Reasons – An Overview
A legitimate reason (triftiger Grund) exists when a plausible, operational or personal circumstance makes a current performance record useful or necessary. Recognised legitimate reasons include:
- Change in line management: The new manager has no knowledge of the employee's previous performance — an interim reference creates a documented baseline.
- Internal transfer or restructuring: The employee's duties are changing fundamentally.
- Business transfer (Betriebsübergang): In the event of a company acquisition or merger, employees may request an interim reference to secure documentation of their previous performance assessment.
- Start of an extended absence: Before parental leave, a sabbatical, or a multi-month training programme, the current status should be documented in writing.
- Employer-initiated notice of termination: Employees in this situation often have a legitimate interest in a preliminary reference for active job applications.
- Application for an internal position: A move within the organisation requires an up-to-date reference.
- Long-term employment without a written appraisal: An interim reference may be appropriate if no written performance review has been conducted since the employment began.
If an employer refuses to issue an interim reference despite a legitimate reason being present, the employee should send a written request with a reasonable deadline — typically two weeks. If the refusal persists, seeking advice from a lawyer specialising in German employment law (Fachanwalt/Fachanwältin für Arbeitsrecht) is recommended.
Structure and Required Content
Mandatory Elements at a Glance
A qualified interim reference must contain the following elements:
- Employee's personal details: Full name, date and place of birth
- Company details and date of issue: Company name, address, date the reference was issued
- Duration of employment and role: From the start date to the date of issue, in what position
- Description of duties: Which tasks and areas of responsibility were held
- Performance assessment: Professional competence, working style, quality of results
- Conduct assessment: Behaviour towards managers, colleagues and — where applicable — clients or external partners
- Signature: Handwritten signature of the direct line manager, with full name, position, and authority to sign
The reference must be issued on company letterhead and bear a handwritten signature. A purely digital version is not legally sufficient under German law.
The Present-Tense Requirement
An interim reference must be written in the present tense — not the past tense. The reason is straightforward: the employment relationship exists at the time of issue. Phrases such as "she consistently handles her responsibilities with great care" signal that the work is ongoing. Using the past tense would incorrectly imply that the employment has already ended, potentially causing confusion for future employers reading the document.
Also characteristic of interim references: they contain no end date for the employment.
Drafting Guidelines and Reference Language (Zeugnissprache)
In German HR practice, a specific reference language (Zeugnissprache) has developed over time, in which certain phrases carry coded evaluative meanings. This system can be opaque to outsiders but is well understood by experienced recruiters and HR professionals. The following table provides orientation for qualified performance assessments in German references:
Regarding conduct: the order in which parties are mentioned matters. In a well-disposed reference, managers are listed first, followed by colleagues, then clients or external partners.
Employers are legally required to formulate the interim reference in a benevolent and truthful manner. Deliberately negative phrasing or concealed criticism that goes beyond the factual record is legally contestable.
Frequently Asked Questions
What is the difference between an interim reference and a final employment reference?
An interim reference is issued during the active employment relationship and written in the present tense. It contains no end date. A final employment reference, by contrast, is issued after the employment has ended, is written in the past tense, and must include the end date. Both documents are issued as qualified, comprehensive references and include a description of duties as well as an assessment of performance and conduct.
When are employees entitled to an interim reference in Germany?
Entitlement arises when a legitimate reason (triftiger Grund) exists — for example, a change in line management, an internal transfer, a business transfer, the start of parental leave or a sabbatical, employer-initiated notice of termination, or an application for an internal role. In the public sector, entitlement is explicitly regulated under § 35 TVöD. Without a legitimate reason, employers may lawfully decline to issue the reference.
Can an employer refuse to issue an interim reference?
Yes — if no legitimate reason is present, a refusal is legally permissible. However, if a recognised legitimate reason does exist, the employer may not refuse. It is always impermissible to withhold a reference in order to retain an employee. If the refusal is unjustified, the employee should repeat the request in writing with a two-week deadline.
Why must an interim reference be written in the present tense?
Because the employment relationship still exists at the time of issue. The past tense would imply that the employment has already concluded, which would be misleading. The correct formulation is therefore "she handles her responsibilities …" rather than "she handled her responsibilities …". An interim reference written in the past tense is considered defective and may be corrected upon the employee's request.
What elements must an interim reference contain?
Mandatory elements include: the employee's personal details, company details and date of issue, duration of employment and role, description of duties, performance and conduct assessment (for a qualified reference), and a handwritten signature from the authorised manager, with full name, position, and signatory authority. The document must be issued on company letterhead.
How much time does an employer have to issue the reference?
There is no legally defined deadline. In practice, a turnaround of two to three weeks is considered reasonable. It is advisable to specify a concrete deadline in the request — for example, two weeks. This avoids unnecessary delays and ensures the request is properly documented.
What constitutes a legitimate reason — and who decides?
A legitimate reason is a plausible operational or personal circumstance that makes a current performance record necessary or useful. Recognised examples include a change in line management, transfer, business transfer, or the start of an extended absence. In the event of a dispute, the German Labour Court (Arbeitsgericht) has the final say. Employers may not apply arbitrary personal standards to reject a request.
Conclusion
The interim employment reference is an important HR document that promotes transparency and fairness within the employment relationship. For employers, it represents both an administrative obligation and an opportunity to demonstrate a culture of honest, constructive performance documentation. HR professionals who establish clear processes for issuing interim references — including a checklist of legitimate reasons and drafting standards — reduce legal risk and strengthen team trust.
Three points to keep in mind: First, an interim reference must be issued when a legitimate reason exists. Second, the present-tense requirement is not optional — it is mandatory under German employment practice. Third, a benevolent yet truthful assessment protects both employers and employees alike.
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Sources
- § 109 GewO – Employment Reference. German Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/gewo/__109.html
- § 630 BGB – Duty to Issue a Reference. German Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/bgb/__630.html
- § 195 BGB – Standard Limitation Period. German Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/bgb/__195.html
- TVöD § 35 – Employment Reference in the German Public Sector. ver.di / dbb, 2023. https://oeffentlicher-dienst.info/tvoed/bund/p-35.html
- Personio AG: Zwischenzeugnis – Structure, Content and Significance. https://www.personio.ch/hr-lexikon/zwischenzeugnis/
- Ordio GmbH: Zwischenzeugnis – Entitlement, Request & Wording. 2026. https://www.ordio.com/insights/lexikon/zwischenzeugnis/
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