Tuesday, May 19, 2015

Include maternity leave and parental leave into the job reference?

Parental problems tips
The contents of a work certificate can facilitate getting ahead making a career change but also make it more difficult. Therefore is also important to know what may be the employer in such certificate and what does not. This also applies to the question of whether maternity leave or parental leave may be mentioned in a letter of reference.

Is the mention of maternity and parental leave a negative formulation?
Is also known to you probably, that basically no negative formulations are permitted in a job reference. However, it is not generally considered negative if maternity and parental leave be entered by the employer in the job reference. Only if you would be disadvantaged as employees inappropriately by such an entry, this would have to be removed from the job reference, the Labour Court of Cologne on 3 April 2014 (AZ: 6 Ca 8751/12).

A disadvantage would be for example given when the duration of the accrued through maternity leave and parental leave downtime could stand out negatively in comparison with the total period of employment. It must not create the impression that the employment relationship was dominated by maternity leave and parental leave. If this were so, it could be assumed that the employer is not reasonable disadvantages would arise. For the new employer could perhaps reject the setting for this very reason. Here, then, must be judged as so often in judicial decisions of individual cases.

Different jurisdictions of the courts
So it can not generally be answered with yes or no whether the maternity leave must be found in a letter of reference mention. This view is the courts. Despite an almost identical reasoning to some judgments fell out quite differently. (Sat, 4 114/12 AZ) that the downtime may be mentioned of one year at a total employment period of 6 years in a job reference In a ruling.

After all, the LAG Köln, without such registration could arise in other the impression that the staff of the testimony was written, continuously worked for the employer. Opposed to the judgment of the Federal Labour Court of 10.05.2005 (AZ: 9 AZR 261/04). There has been held that under normal circumstances is not just heard a downtime for reasons of maternity leave in the job reference, unless there are special reasons for it spoke. In making this judgment, however, it went to an employment relationship, which was just 50 months, with whom 30 were months of parental time.

It was allowed to exclusively this significant mismatch of real Tenure and downtime be mentioned here as well as third parties might otherwise get an inaccurate picture of the actual performance.

A lawyer helps in doubt
In individual cases, so the mention of maternity and parental leave might have to be removed from the job reference. However, just can not be said lump sum when this is the case, there is a variety of factors depends. It is therefore advisable to appoint an attorney to the resolution in doubt.

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