US News The Federal Constitutional Court has decided: a work certificate in tabular form is not sufficient

05:55  29 november  2021
05:55  29 november  2021 Source:   finanzen.net

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The Federal Labor Court dealt with the question of whether or not a work certificate in tabular form including standardized point system is allowed. Especially the problem of differentiated and individual performance evaluation stood in the foreground.

Spencer Platt/Getty Images © Provided by Finanzen.net Spencer Platt / Getty Images Certificate in Table Form

The Federal Labor Court had to decide on a case in April 2021, in which an employed electrician announced his company and then received a certificate of employment by his employer, whose However, he did not look like appropriate. The testimony was designed in tabular form. The assessment of the knowledge and skills was based on keyword-like criteria and school notes. The employment certificate reminded more of a school certificate. The worker insisted on a work certificate in the form of a flowing text, which the employer did not receive. As a result, the worker complains in front of the Landesarbeitsgericht Hamm, which had partially granted the lawsuit. However, both parties were not satisfied with the form corrected by the Labor Court. Since the case could not be completed on the lower instance, the Federal Labor Court had to decide in the matter.

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Standardized performance assessment is not sufficient from

The Federal Labor Court considered the Landesarbeitsgericht's view, according to which a work certificate in tabular form with standardized points have a sufficient information content, for inaccurate. Instead, a certificate of employment, which assesses the services and behavior of the employee using standardized tables, not the requirements of § 109 GewO. A certificate of employment should not look like a standardized school certificate, emphasized the court. Instead, it must be individually adapted to the respective workers and its concrete activity. However, a differentiated assessment is only possible in the opinion of the Federal Constitutional Court if the work certificate is formulated in the form of a flowing text. In addition, the court emphasized that the usual addressee circle of a certificate of employment was very heterogeneous and does not have a uniform understanding in this area. For the assessment of content and external form of the certificate, it is therefore crucial to how an objective and unbiased employer who has professional and industry knowledge, the certificate understands. In addition, the possibility of a different weighting of the benefits and characteristics of the employee is necessary, as this expects the certificate reader and it is important for a differentiated image of the employee and its services. In addition, special features, knowledge or skills may also be mentioned, which could make the former employees interesting for future employers. The court thus came to the conclusion that standardized employment certificates do not meet the requirements of § 109 GewO. Workers could therefore demand the supplement or amendment of such certificates in the future.

M. Wieser / Editorial Finanzen.net

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