The Certificate Of Employment For Working Student (Arbeitszeugnis für Werkstudenten) is a crucial document in the German employment landscape, required by law under §109 of the German Industrial Code (Gewerbeordnung) and relevant sections of the Civil Code (BGB). It is issued when a working student concludes their employment with a company, whether due to graduation, end of contract, or other reasons. The certificate serves multiple purposes: it provides official documentation of the student's professional experience, serves as a reference for future employers, and fulfills legal requirements for employment documentation. German law mandates specific content and language conventions, including the principle of benevolent evaluation (Wohlwollensprinzip), making these certificates highly standardized yet important documents in the German job market.
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1. Header Information: Company letterhead, date, and title of document (Arbeitszeugnis)
2. Personal Information: Employee's full name, date of birth, and student status
3. Employment Duration: Start and end dates of employment relationship
4. Position Description: Job title and main responsibilities as a working student
5. Department Assignment: Information about the department(s) where the student worked
6. Working Hours: Specification of part-time arrangement and typical working hours
7. Reason for Termination: Standard phrase indicating the end of the working student relationship (typically noting it was due to completion of studies or by mutual agreement)
8. Closing Formula: Standard closing wishes for the future career
1. Performance Evaluation: Assessment of work quality, knowledge, capabilities (included in qualified certificates only)
2. Behavioral Assessment: Evaluation of conduct towards supervisors, colleagues, and clients (included in qualified certificates only)
3. Special Projects: Description of significant projects or achievements, if applicable
4. Additional Qualifications: Training or certifications obtained during employment
5. Language Skills: Assessment of language skills if relevant to the position
1. Detailed Job Description: Comprehensive list of all tasks and responsibilities
2. Project List: Detailed list of projects the student was involved in
3. Training Certificates: Copies of any additional qualifications or training certificates obtained during employment
Is a Certificate of Employment for Working Students legally binding under German law?
Yes, under §109 Gewerbeordnung and BGB provisions, employers are legally required to issue a Certificate of Employment (Arbeitszeugnis) when a working student's employment ends. The document is legally binding and must follow strict German conventions including the 'benevolent interpretation' principle, meaning all statements must be truthful but presented in a positive light.
Do I need a lawyer to create a Certificate of Employment for Working Students in Germany?
No, you typically don't need a lawyer to create this document as it follows standardized German employment law formats. However, consulting a lawyer may be advisable if there are performance issues or disputes, as the document's wording must comply with strict legal requirements under BGB §§ 611-630 and could impact future employment opportunities.
Can my employer refuse to give me a Certificate of Employment as a working student?
No, German employers cannot legally refuse to issue a Certificate of Employment under §109 Gewerbeordnung. Working students have the same right to receive this document as regular employees. If an employer refuses, you can take legal action to compel them to provide the certificate.
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