Employee Reference Release Form - Germany

Employee Reference Release Form for Germany

Employee Reference Release Form Template for Germany

A German-compliant Employee Reference Release Form (Einwilligungserklärung zur Auskunftserteilung) is a formal document that authorizes former employers to provide employment references in accordance with German labor law. This document complies with both the German Civil Code (BGB) and data protection regulations (GDPR and BDSG), ensuring proper handling of sensitive employment information. It establishes the scope, duration, and terms under which references may be provided, while protecting both employer and employee interests in the reference process. The form includes specific provisions for information sharing, data protection notices, and clear authorization parameters as required under German employment legislation.

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What is a Employee Reference Release Form?

The Employee Reference Release Form serves as a crucial document in the German employment context, where employees have a legal right to receive employment references (Arbeitszeugnis) under § 109 Gewerbeordnung (GewO). This document is typically used when an employee is seeking new employment opportunities and needs to authorize their current or former employer to provide detailed references to potential employers. The form must comply with strict German data protection laws and employment regulations, including GDPR and the Federal Data Protection Act (BDSG). It specifies the scope of information that can be shared, duration of the authorization, and maintains compliance with legal requirements for employment references in Germany. The document is essential for maintaining transparency and legal compliance in the reference-providing process while protecting the interests of all parties involved.

What sections should be included in a Employee Reference Release Form?

1. Header and Date: Document title (Employee Reference Release Form / Einwilligungserklärung zur Auskunftserteilung), date, and reference number

2. Employee Information: Full name, current address, and employment period with the company

3. Employer Information: Company name, address, and authorized representative details

4. Purpose Declaration: Clear statement of the purpose for which references may be provided

5. Scope of Authorization: Specific information that the employee authorizes the employer to share, including performance, conduct, and reason for leaving

6. Duration of Authorization: Time period for which the authorization remains valid

7. Data Protection Notice: GDPR-compliant statement about data processing and privacy rights

8. Signature Block: Space for date and signatures of both employee and employer representative

What sections are optional to include in a Employee Reference Release Form?

1. Specific Recipients: Section listing specific companies or individuals authorized to receive references, used when employee wants to restrict reference provision to particular recipients

2. Communication Method Preferences: Specifies preferred methods for providing references (written, verbal, electronic), used when specific communication channels need to be established

3. Revocation Rights: Detailed explanation of how the employee can revoke the authorization, used when additional clarity on withdrawal rights is needed

4. Language Preference: Specification of language(s) in which references may be provided, used for international employment contexts

What schedules should be included in a Employee Reference Release Form?

1. Reference Request Form Template: Standard form to be used by potential employers when requesting references

2. Information Disclosure Checklist: Detailed list of specific information categories that may be shared, allowing employee to select or deselect specific items

3. Contact Protocol: Procedure for handling reference requests, including designated contact persons and response timeframes

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Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Employee Reference Release Form?

What sections should be included in a Employee Reference Release Form?

What sections are optional to include in a Employee Reference Release Form?

What schedules should be included in a Employee Reference Release Form?

Authors

Alex Denne

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