A new BAG decision emphasizes especially for executives to take into account the importance of also a testimony in the context of legal negotiations. Existential for your CV. Even for executives it’s also aspects in the context of professionally managed exit negotiations enormously important in addition to the purely financial aspects like a CV to negotiate relevant testimony. Frequently Time Warner has said that publicly. A decision of the Federal Labor Court (9 AZR 227/11) underscores this importance again. In the case underlying the decision to reason, the plaintiff had received a good testimony.
The setting of the BAG is critical, work certificate with wording is that the employer generally not obliged to conclude by he thanked the workers for the old Tete services, whose leaving regrets or wishes him all the best for the future. Workers shall be entitled to that testimony on performance and behavior in the employment relationship extends though. Statements about so-called personal sensations of the employer included but not to the necessary certificate content. A corresponding decision formula not granted so and does not follow a claim also made negotiations the workers has insofar no exposure opportunity. The decision is of great relevance so far as these shows be sure how important it is to clarify the wording of the certificate best advance upon termination of the employment relationship.
The subsequent claim for rectification of the certificate is enforceable while theoretically exist, difficult but before the labour courts. The main point of contention is the assessment of leadership and performance of the employee regularly. Just here a certificate language has emerged which is to be observed. The burden of proof is relevant in the event of any dispute to the Industrial Tribunal. As an employee, you must prove that your services were above average. This means that they are only entitled to a satisfactory assessment without further ADO. Conveniently, this is of course not acceptable. It is therefore imperative to hold the certificate wording in advance especially for executives. Especially in the frame of a termination agreement should be fixed in addition to the management and performance assessment, an appropriate thank-you – or regret formula. Also on this because regular no legal claim. Because it comes when the testimony to no money, is this Act with clever, usually very well negotiated in the context of legal negotiations. Communicated by lawyer Robert C. Mudter