Labor law (AT)
Certificate of Employment
Also: Employment Certificate · Reference · § 39 AngG
The Dienstzeugnis is a written confirmation of the duration and type of employment to which employees are entitled at the end of the employment relationship (§ 39 AngG). Unlike the German "qualified reference," the Austrian Dienstzeugnis is generally a simple certificate – evaluations and negative wording are not permitted.
Key Points
- Legal entitlement at the end of the employment relationship – for employees from § 39 AngG, for workers from § 1163 ABGB or § 39 GewO.
- Mandatory details: name, duration of employment, and type of activity.
- The Austrian Dienstzeugnis is generally a simple certificate – without a grade as in Germany.
- Information that hinders professional advancement (coded language, evaluations) is prohibited.
- An assessment of performance or behavior is only permitted upon explicit request and must be positive.
What is a Dienstzeugnis?
The Dienstzeugnis is a written confirmation by the employer about the concluded employment relationship. Employees have the entitlement from § 39 Angestelltengesetz, workers from § 1163 ABGB or § 39 Gewerbeordnung. The entitlement exists for any type of termination – whether dismissal, mutual agreement, or the end of a fixed term.
Unlike in Germany, the Austrian Dienstzeugnis is generally a simple certificate: It documents the facts of the employment relationship but does not contain encrypted grading formulas.
What does a Dienstzeugnis contain?
- Mandatory details: name, duration of employment, and type of activity.
- Information that hinders advancement (coded language, evaluations) is prohibited.
- An assessment (performance, behavior) is only permitted upon explicit request and must be positive.
Not permitted
Hidden evaluations or formulations that hinder professional advancement – such as ambiguous codes.
Correct
Objective statement of name, duration, and activity; a positive assessment only if explicitly requested by the person.
What should you consider with a Dienstzeugnis?
For application and selection
The Dienstzeugnis objectively documents previous positions. Since it carries no grade in Austria, in the selection process the actual activity counts – a basis for competency-based selection rather than mere paper form.
An interim reference can be useful during an ongoing employment relationship (for example, with a change of supervisor), but it is not explicitly regulated by law. In the case of incorrect or obstructive references, there is an entitlement to correction.
Frequently Asked Questions
- Do I have a right to a grade in the certificate in Austria?
- No. The Austrian Dienstzeugnis is generally a simple certificate without a grade. An assessment of performance and behavior is included only upon explicit request and must be positive.
- Does the employer have to issue a Dienstzeugnis?
- Yes. There is a legal entitlement at the end of the employment relationship. The employer may not make the issuance dependent on the return of company property or a final settlement.
- What can I do if the certificate is phrased negatively?
- Information that hinders professional advancement is not permitted. If such formulations or coded evaluations exist, there is an entitlement to correction of the certificate.
Note: This entry provides an overview to the best of our knowledge (as of: July 2026) and does not replace legal advice. Binding information is provided by the Chamber of Labour and the relevant trade union.