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No Automatic Presumption of Good Assessments In Employment References in Germany

Good news for all employers: The German Federal Labour Court has recently reversed the disastrous judgment of the Regional Labour Court of Berlin-Brandenburg concerning the allocation of the burden of proof with regard to assessments in employment references.

In Germany, upon termination of the employment relationship employees can claim for a written employment reference that contains information about the nature and duration of their employment as well as about their performance and behavior. Normally, the overall assessment of the employee´s performance is made by using a common “school-grade system” (very good resp. A – good resp. B – satisfactory resp. C – adequate resp. D – inadequate resp. E).

The overriding principle that employers have to take into account when creating an employment reference is the principle of truthfulness.

Source: www.globalworkplaceinsider.com/

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Posted Under: EBI

Post By Barry Nixon (262 Posts)

W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.

In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.

You can contact Barry at 1-949-770-5264 or online at wbnixon@preemploymentdirectory.com