The employee was sociable, friendly, and contributed to a good atmosphere in the team. He was always open to conversations and enriched the social life of the department.
The employee was prone to excessive alcohol consumption at work, talked too much, and disrupted the workflow. His sociability came at the expense of work performance and professional distance.
Violates the principles of certificate truthfulness and benevolence (Art. 330a CO, § 109 GewO, § 39 AngG). Hidden innuendos regarding alcoholism or lack of discipline are legally inadmissible. The employer is required to describe the employee's conduct in a manner that protects their professional integrity, avoiding any formulations that imply personal weaknesses. Private lifestyle has fundamentally no place in a reference letter and must not be discussed. This serves to protect personal rights.
The emphasis on 'sociability' instead of professional performance constitutes an inadmissible qualitative devaluation, almost always implying a lack of discipline or alcohol problems. For hiring managers, this code is a clear warning sign indicating that the employee primarily used working hours for private conversations or had alcohol issues. This severely limits the affected individual's employability. A legally secure correction is therefore mandatory. A contestable certificate should never be accepted without audit.
Alcohol consumption or lack of discipline may only be mentioned if they demonstrably affected the employment relationship or were grounds for summary dismissal. Hidden innuendos violate the law. However, it is permissible to highlight outstanding teamwork if done in an objective and uncoded manner. The boundary to inadmissible abusive criticism must always be strictly respected. A balanced presentation is in the interest of both parties. In case of doubt, obtaining a legal opinion is recommended. The evaluation of conduct in reference letters always requires a delicate balance between the employer's duty of truthfulness and the statutory principle of benevolence. Courts consistently emphasize that the certificate must not unreasonably obstruct the employee's professional advancement. Therefore, ambiguous formulations that sound positive on the surface but carry a negative connotation in industry context are legally inadmissible and establish an enforceable right to correction. The evaluation of conduct in reference letters always requires a delicate balance between the employer's duty of truthfulness and the statutory principle of benevolence. Courts consistently emphasize that the certificate must not unreasonably obstruct the employee's professional advancement. Therefore, ambiguous formulations that sound positive on the surface but carry a negative connotation in industry context are legally inadmissible and establish an enforceable right to correction.
1 Upon termination of the employment relationship, the employee must be issued, at their request, a written reference concerning the duration and nature of the service. Entries and remarks in the reference that make it difficult for the employee to obtain new employment are inadmissible. 2 If the employee requests a reference while the employment relationship is still active, it must be issued to them at their expense.
Der österreichische Oberste Gerichtshof (OGH) verbot codierte Formulierungen, die dem Arbeitnehmer Charakterschwächen oder Disziplinlosigkeit unterstellen. Zeugnisse müssen objektiv und wohlwollend sein.
The term 'gesellige Art' is a notorious code in the DACH region. A reference letter must not contain hidden innuendos that brand the employee in the job market. The mention of 'sociability' instead of concrete work performance violates this protective effect. From a partner's perspective, such a formulation must be deleted immediately. We recommend demanding deletion or correction to a team-related performance rating in court. Our firm supports you at every step of this process.
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