The entitlement to an employment reference is straightforward — the deadlines are the tricky part. The claim normally expires only after three years (§ 195 BGB), but in many employment and collective agreements there are exclusion periods of only three to six months, after which claims lapse without recourse. There is also preclusion due to laches: If you do not get in touch for too long, you can lose the claim even sooner. The safe rule therefore is: Request the employment reference immediately upon termination and review it.
When the claim arises — and where it stands
Basis for the claim is § 109 GewO (for all employees); for apprentices § 16 BBiG. The claim arises upon termination of the employment relationship — regardless of who terminated. You can request an employment reference as soon as the termination is announced, so you can apply with a current reference; at the latest, it must be issued by the end.
Duty to collect: You must act.
The certificate is, in principle, a duty to fetch — the employer is not obliged to send it unsolicited; you must request it and, if necessary, collect it. Request, in writing (traceable!), a qualified employment reference pursuant to § 109 GewO, and set a clear deadline of two weeks. If the employer remains inactive, this is the first step toward enforcement through the courts.
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Statute of limitations, exclusion periods, and laches — the three clocks
First: the regular three-year prescription period runs to the end of the year (§ 195 BGB). Second — far more dangerous: contractual or collective agreement exclusion periods, often only three to six months from the due date; after that the claim is finally time-barred. Third: forfeiture: those who remain inactive for many months and give the employer the impression that they no longer want an employment reference can lose the claim even before any deadline. Therefore check your employment contract and collective agreement immediately for exclusion clauses.
Rectification also has deadlines.
The same clocks are ticking for the claim to correct a faulty certificate. Anyone who leaves a bad certificate unchallenged for months loses credibility and risks expiry or waiver. Therefore: Check the certificate immediately after receipt — the free instant check shows in 60 seconds whether a request for correction is worthwhile.