Can or must a work reference be issued in English?

The global talent market never sleeps. Highly qualified academics, expats, and young professionals who take the plunge and move to Germany often find themselves in a cutting-edge, English-speaking work environment. In the major cities between Berlin and Munich, German is no longer a prerequisite in the offices of international corporations and innovative startups. Employment contracts are negotiated in English, meetings are held in English, and daily correspondence is conducted globally across multiple platforms. However, disillusionment often sets in on the day of departure, when the long-awaited letter of reference is meant to pave the way for the next career step on the global stage. Suddenly, a purely German document lies on the table, riddled with cryptic, highly formalized phrases. Foreign HR departments don't understand a word, and the painstakingly built international profile falters. As a specialized law firm for visa law and corporate immigration, we experience these conflicts between global reality and traditional German law almost daily.

The legal framework in German commercial law

In our consulting practice for global mobility and international recruiting, we repeatedly encounter the assumption that the company's everyday language automatically determines the language of the reference letter. However, German law takes a very traditional approach here. The central legal basis is found in Section 109 of the Trade Regulation Act (GewO) . This provision obligates every employer to issue a written reference letter upon termination of an employment relationship, providing information about the nature and duration of the employment and, upon request, about the employee's conduct and performance. The law explicitly requires that the content be clear and understandable. While the legal text does not specify a particular language, decades of case law from German labor courts have definitively closed this gap. The official language, and therefore also the standard language for employment references in Germany, is generally German. This applies regardless of whether the employee is a highly paid diplomat, a wealthy investor with a residence permit under Section 21 of the Residence Act (AufenthG), or a top international academic. The document must be directly usable on the German labor market, which is why a purely English certificate usually fails to meet the legal requirement of clarity in the sense of German legal practice.

There is no automatic entitlement to the English language version.

For highly qualified professionals who entered Germany with a work visa under Section 18a or 18b of the German Residence Act (AufenthG), a certificate of employment is a crucial asset for career advancement. Those wishing to leave the German market are required to have an English-language document. However, as a law firm, we must clarify: there is no general legal entitlement to an employment certificate in English. The legal requirement under Section 109 of the German Trade Regulation Act (GewO) is fully met by the issuance of a proper German certificate. Even if an employee does not speak German at all, they cannot simply compel their employer to provide a translation. However, case law has established important exceptions derived from the principle of good faith under Section 242 of the German Civil Code (BGB). If the employment relationship had a strong international character – for example, because the company language was contractually defined exclusively as English, the employee was recruited abroad, and all communication with customers took place worldwide – the employer may, in individual cases, have a secondary obligation to provide an English version.

The risks of exclusive language agreements in employment contracts

International human resources departments, often without a German office, frequently attempt to solve this problem pragmatically. They stipulate in the employment contract that only an English reference letter is required upon termination of employment. We must explicitly warn against such clauses from a legal perspective. Since the right to a reference letter is an inalienable right of the employee, it cannot be effectively waived in advance. An agreement that completely excludes the right to a German reference letter is extremely vulnerable to legal challenge. In practice, this means that even after receiving an excellent English reference letter, a highly qualified professional can demand a German one years later. For companies, this leads to significant liability risks and increased bureaucracy, especially if the employee's former supervisors have since left the company.

The fundamental problem of mere translation

Another common mistake in international recruiting is careless translation. Many HR departments believe they can simply translate an English reference letter drafted abroad into German word for word, or have a German certificate translated using an online tool. Under the German legal system, this almost inevitably leads to disaster. German certificate language is a highly coded system with fixed grade levels. Sentences like "Er erfüllte seine Aufgaben zu unserer vollen Zufriedenheit" (He fulfilled his duties to our complete satisfaction) correspond to a grade of 3, while adding the word "stets" (always) means a grade of 2. These extremely subtle nuances cannot be adequately translated into another language. Furthermore, an English certificate follows a completely different culture of praise, which is much more hyperbolic in the Anglo-Saxon world. Anyone who translates mechanically either distorts the performance evaluation to the employee's detriment or unintentionally creates binding effects that the employer never intended.

Guidelines for legally compliant corporate immigration practices

To meet the legitimate interests of top international talent and the security needs of modern employers, our firm recommends a clear, two-pronged strategy. The only legally sound approach is to issue a bilingual employment reference or a German version with an attached English translation. The document must clearly state that the German version is the legally binding version. Should the translation into the foreign language result in any discrepancies in content or room for interpretation, this prioritization clause protects the employer from claims for damages and simultaneously provides the employee with an internationally usable document. Furthermore, both versions must be absolutely identical in their qualitative assessment to avoid sending mixed signals in the job market.

Conclusion

Progressive globalization and the acute shortage of academic professionals are forcing the German labor market to become highly flexible, yet labor law remains formally strict. A purely English certificate poses incalculable risks for both parties and does not reliably meet the legal standard of Section 109 of the German Trade Regulation Act (GewO). For a successful corporate immigration strategy and professional support of expats and young professionals, a combined solution is essential. The original German certificate provides the legal foundation, while the carefully adapted English version guarantees the global mobility of the skilled worker . As an experienced law firm, we support employers and highly qualified employees in navigating these linguistic and legal hurdles flawlessly.