Interim reference: when you are entitled to one and how to request it

What is an interim reference?

An interim reference describes and assesses your work up to a cut-off date while you continue to work for the same employer. It is a snapshot. You use it to secure a good assessment before something changes in the business, or to apply for jobs without having to wait for the final reference.

In everyday practice, three types of reference are confused. The difference lies in the timing and the legal basis:

Feature	Interim reference	Provisional reference	Final reference
Timing	during ongoing employment	when the end is imminent, for example after a dismissal	when employment ends
Legal basis	case law (ancillary duty), collective agreement or employment contract	collective agreement (e.g. Sec. 35 (3) TVöD), otherwise case law	Sec. 109 GewO
Entitlement	only with a valid reason or a contractual provision	once the end is certain	always
Tense	present tense, completed projects in the past tense	present tense, as long as you are still working	past tense
Content	simple or qualified	under the TVöD only the nature and duration of the work (Sec. 35 (3) TVöD)	simple or qualified

Are you entitled to an interim reference?

Yes, if one of three routes applies: a collective agreement, your employment contract or a works agreement, or a valid reason under case law.

No statutory entitlement. Sec. 109 (1) GewO gives you an entitlement to a written reference "when an employment relationship ends". For the time before that, the law is silent.

Entitlement from an ancillary duty. The Federal Labour Court derives the entitlement from the employment contract itself: where no collective agreement provides otherwise, the duty to issue an interim reference can arise as an ancillary contractual duty (Nebenpflicht). The condition is that you need the interim reference for a valid reason (BAG, judgment of 17 April 2019, 7 AZR 292/17, para. 51; BAG, judgment of 20 May 2020, 7 AZR 100/19, para. 42). The basis is the general duty of every contracting party to take the interests of the other into account (Sec. 241 (2) BGB).

Entitlement from a collective agreement. In the public sector, it is set out expressly in the collective agreement: "For valid reasons, employees may also request a reference during the employment relationship (interim reference)" (Sec. 35 (2) TVöD). The TVöD also requires references to be issued "without undue delay" (Sec. 35 (4) TVöD). Other collective agreements contain their own rules. Whether a collective agreement applies to you is usually stated in your employment contract. More on the TVöD in the guide Notice periods under the TVöD.

Entitlement from the employment contract or a works agreement. Some employment contracts or works agreements (Betriebsvereinbarungen) provide for regular interim references or name specific occasions. Then that provision applies, even if it is more generous than the case law.

Valid reasons for an interim reference

In a dispute, the labour court (Arbeitsgericht) decides what counts as "valid". The BAG has expressly named some occasions, others are only widespread in practice.

Occasion	Classification	Basis
Your superior changes	valid	BAG, 7 AZR 292/17, para. 51
Your work changes, for example through a transfer or new tasks	valid	BAG, 7 AZR 292/17, para. 51
The employment will end soon and you need the reference for applications	valid	BAG, 7 AZR 292/17, para. 51
You are in court over a dismissal or a fixed term	valid until the proceedings are concluded with final effect	BAG, 7 AZR 100/19, para. 42
Transfer of business, sale or merger	recognised in practice
Threatened insolvency, announced redundancies or restructuring	recognised in practice
Longer absence such as parental leave, care leave or a sabbatical	recognised in practice
Proof for further training or part-time study alongside work	disputed
Long employment without any assessment	disputed
You want to apply elsewhere without having been dismissed	on its own usually not sufficient

The strongest reason is a change of superior: the successor does not know your previous work. So ask for the reference while your current superior is still with the company.

Can you request an interim reference without a reason?

You may always ask. Without a valid reason, however, you only have an enforceable entitlement if a collective agreement, your employment contract or a works agreement grants it without a reason. In practice, many employers issue an interim reference even without a reason, especially in response to a factual request.

Do not invent a reason. A pretext, such as a supposed loan application, can be exposed and damage trust. An honest wish for a stocktake of where you stand is better.

Requesting an interim reference: how to proceed

An orderly approach ensures a usable reference and proof in case of a dispute.

1. Clarify the reason. Check whether one of the valid reasons from the table applies and whether your collective agreement or employment contract contains a provision.
2. Raise it briefly in person. A conversation with your superior or the HR department takes the edge off the request. Explain the occasion in one sentence.
3. Request it in writing. Then send an email or a letter. This gives you proof of the date and content of your request.
4. Set a deadline. Without a collective agreement, there is no fixed statutory deadline. Two to three weeks are customary and reasonable in practice.
5. Check the result. Read the reference as soon as it arrives and raise objections promptly in writing (see below).

Checklist: what belongs in your request

• Expressly "qualified interim reference", i.e. with an assessment of performance and conduct
• The occasion, for example "as Ms X is handing over the management of the department as of 31 March"
• The desired cut-off date up to which the reference assesses your work
• A request to name your most important tasks and projects, ideally with your own bullet-point list as an enclosure
• A deadline by which you need the reference
• The desired form: paper with a signature or, if you agree, electronic

If your employer asks you for your own draft, take the opportunity, but stay truthful. For suitable wording and grade levels, use our guide Job reference wording.

Simple or qualified interim reference?

For the final reference, the law distinguishes two types (Sec. 109 (1) GewO). The same classification applies to the interim reference:

• Simple interim reference: only information on the nature and duration of your work. It confirms that you are employed and in what capacity, but assesses nothing.
• Qualified interim reference: additionally the assessment of your performance and your conduct. The BAG has awarded a qualified interim reference in this sense, i.e. one that covers performance and conduct in the employment relationship (BAG, 7 AZR 100/19, para. 40).

Only the qualified interim reference is suitable for applications and as a safeguard for the final reference. To readers, a simple reference quickly looks as if there was nothing good to say. So write "qualified" expressly in your request.

Content and structure: what belongs in an interim reference

A qualified interim reference is structured like a final reference. This order is customary:

1. Heading "Zwischenzeugnis" (interim reference)
2. Your details and your start date
3. A short introduction of the employer
4. Your position and your tasks, the most important first
5. Performance assessment: expertise, working style, work results, for managers leadership performance, at the end the overall assessment
6. Conduct towards superiors, colleagues and customers
7. Closing paragraph with the occasion for the reference
8. Place, date, signature

Present instead of past tense. You continue to work, so the interim reference is written in the present tense: "Sie betreut ..." (she looks after ...), not "Sie betreute ..." (she looked after ...). Only completed projects are in the past tense. Consistent use of the past tense reads like a farewell.

The occasion. The closing paragraph usually states why the reference was issued, for example "Dieses Zwischenzeugnis wird auf Wunsch von Herrn Y wegen des Wechsels seines Vorgesetzten erstellt" (this interim reference is issued at the request of Mr Y because of the change of his superior). Whether you can require a particular occasion to be stated or left out is not regulated by law. "Auf eigenen Wunsch" (at his or her own request) without any further occasion is permitted, but leaves readers speculating about the reason.

The closing formula. For the final reference, there is no entitlement to thanks and good wishes (BAG, judgment of 25 January 2022, 9 AZR 146/21). In our assessment, the same applies to the interim reference. A good closing paragraph in an interim reference gives thanks for the work so far and expresses that the employer looks forward to continued cooperation. If this forward look is missing, it stands out. Which closing formula corresponds to which grade is set out in the guide Job reference wording.

No hidden messages. For the final reference, Sec. 109 (2) GewO prohibits features or wording intended to say something other than the literal text. Nothing else can apply to the interim reference.

Checklist: checking your interim reference

• Name, start date and all important tasks correct
• Present tense throughout
• The overall grade matches the individual assessments
• Superiors, colleagues and customers in this order
• Closing paragraph with the occasion and a forward look
• Date matching the occasion, signature of a person who knows your work

Form: paper, signature or electronic

The final reference must be issued in writing (Sec. 109 (1) GewO), i.e. on paper and signed by hand (Sec. 126 (1) BGB). With your consent, it may also be issued in electronic form (Sec. 109 (3) GewO). Electronic form means: the issuer adds their name and provides the document with their qualified electronic signature (Sec. 126a (1) BGB). A scanned reference or a PDF without a qualified signature does not meet this requirement. These requirements apply accordingly to the interim reference.

It should be signed by a person who knows your work and is above you in the business, for example your superior or the management.

Binding effect: what the interim reference means for your final reference

An interim reference is more than a snapshot. If your employer assessed your performance well in it, it is in principle bound by that when it later writes the final reference. It may only depart from the assessment if your performance or conduct has actually changed after the interim reference. This also applies if the business has since been transferred to a new owner who takes over your employment relationship under Sec. 613a (1) BGB.

An early, good interim reference therefore secures your assessment before a new boss or a conflict calls it into question, and is important evidence in a dispute over the final reference.

Interim reference after dismissal and in unfair dismissal proceedings

After a dismissal. If the end of your employment is imminent and you need the reference for applications, that is a valid reason (BAG, 7 AZR 292/17, para. 51). This applies regardless of who gave notice, and also to an expiring fixed-term contract or a termination agreement. Under the TVöD, the reference for this phase is called a "provisional reference" (vorläufiges Zeugnis) (Sec. 35 (3) TVöD). The entitlement to it under the collective agreement only covers the nature and duration of the work; if you want an assessment, raise it.

After the employment has ended. Once the notice period has expired or a fixed-term contract has ended, you can in principle only request the final reference (BAG, 7 AZR 292/17, para. 51). When your employment ends depends on your notice period, more in the guide Ordinary dismissal.

During an unfair dismissal claim. If you are disputing in court whether your dismissal is valid, there is a valid reason for an interim reference. This reason only ceases once the proceedings are concluded with final effect (BAG, 7 AZR 100/19, para. 42). So you do not have to write applications for months without a current reference. Important: you must file a claim against a dismissal within three weeks of receipt, details in the guide Deadline for an unfair dismissal claim.

If the dispute ends in a settlement, have the reference grade and ideally the entire text fixed at the same time. A good interim reference is a good basis for negotiation.

Employer refuses the interim reference or it turns out poor

If nothing arrives. Send a friendly reminder, then a written one with a specific deadline and a reference to your valid reason. If that does not help, a claim for issue at the labour court remains. The BAG has awarded employees a qualified interim reference in such proceedings (BAG, 7 AZR 100/19, paras. 39 to 43). A lawyer's letter is often enough beforehand.

If it is too poor. Demand a correction. Write which sentences you want changed, ideally with your own wording suggestions and a deadline. The reference must be truthful and, within the bounds of truth, favourable (BAG, judgment of 18 November 2014, 9 AZR 584/13).

Who has to prove what. According to case law, "zur vollen Zufriedenheit" (to full satisfaction) corresponds to the grade satisfactory. If you want a better overall grade, you must set out and prove the facts that justify it; the fact that many good references are issued in your sector does not change this (BAG, 9 AZR 584/13). If your employer grades you lower than satisfactory, it must justify this. So collect evidence on an ongoing basis: target agreements, appraisal forms, appreciative emails from customers and superiors.

Deadlines for objections. Do not wait. These deadlines may play a role:

Deadline	When it applies	Basis
Exclusion period in the employment contract	if your contract contains a forfeiture clause, often three months	employment contract
Six months after the claim falls due, asserted in text form	if the TVöD applies	Sec. 37 (1) TVöD
Forfeiture (Verwirkung)	if you do nothing for a long time and the employer was entitled to rely on that	case law
Regular limitation period, three years	as the outer limit	Sec. 195 BGB

Costs. Before the labour court, each side bears its own lawyer's fees at first instance, even the side that wins (Sec. 12a (1) sentence 1 ArbGG). So check beforehand whether the dispute is worthwhile. Legal expenses insurance with employment law cover can pay the costs.

Is an interim reference grounds for dismissal?

No. If you request an interim reference in a permissible way, you are exercising a right. Your employer must not disadvantage you for this (Sec. 612a BGB). A dismissal given only for this reason is invalid.

In practice, the situation is less clear. Many employers read the request as a sign that you want to move on. In the first six months and in small businesses, your employer does not need a ground for dismissal under the Protection Against Dismissal Act (KSchG) (Sec. 1 (1), Sec. 23 (1) KSchG), and proving the true reason is difficult. Especially during probation, it is therefore worth combining the request with a genuine business occasion. There is an entitlement there too if a valid reason exists, for example a change of superior after a few weeks.

For employers: issuing an interim reference correctly

• Check the obligation: If there is a valid reason, you must issue it. Also check the collective agreement, employment contract and works agreements. Under the TVöD, "without undue delay" applies (Sec. 35 (4) TVöD).
• Truthful and favourable: The reference must be truthful; favourability only applies within the bounds of truth (BAG, 9 AZR 584/13).
• Think ahead: What you certify today in principle binds you for the final reference. So assess in a way you can still defend in a year's time.
• Observe the form: Paper and a handwritten signature, electronically only with consent and a qualified electronic signature (Sec. 109 (3) GewO, Sec. 126a BGB).

For questions about a specific reference, for example after a request for correction, the employment lawyer advises you in writing at a fixed price of €169 including VAT. You will find further topics in the overview Employment law.