Employment reference

What it means

A work reference is a written assessment of an employee covering their work, qualifications, abilities and other matters relating to their job. The employer issues it at the employee’s request, most often when they leave and are looking for a new job.

The Labour Code requires the employer to issue the reference within a statutory period after the request, but not earlier than a set time before the employment ends. It must be truthful and factual and must not contain information unrelated to the work.

A work reference should be distinguished from the employment certificate, which the employer always issues when employment ends and which states facts such as the length of employment, type of work or wage deductions. The reference is evaluative; the certificate is factual.

How it works in practice

We prepare a reference template for clients that assesses specific areas: performance of tasks, expertise, reliability and teamwork. We recommend basing it on documented facts from the personnel file, not on impressions from the last few weeks.

If an employee leaves after a breach of work discipline, the reference may state this factually, but without judgmental language and only insofar as it concerns the work. A reference should not be a tool for retaliation.

The reference contains personal data, so we hand it directly to the employee and keep a copy in the personnel file. We give information to third parties, such as a future employer, only with the employee’s consent and in line with GDPR.

What to watch out for

An employee who disagrees with the reference may ask a court, within a statutory period, to have it appropriately amended. An untrue or biased reference can cost the company time and legal costs.

A reference must not contain information on health, pregnancy, trade union membership or other characteristics that could lead to discrimination. Such data breach the principle of equal treatment as well as data protection rules.