Changes in German Labor Law: Electronic Employment References and New BAG Case Law

Electronic Employment References: What Has Changed?

As of 2025, German employers may issue employment references (Arbeitszeugnisse) in electronic form. These digital documents must be signed with a qualified electronic signature. Importantly, they can only be provided with the employee’s consent.

This means that traditional paper-based employment references remain fully valid and available. The electronic format is not a replacement but rather an additional option.

Federal Labor Court (BAG) Ruling

The Federal Labor Court (Bundesarbeitsgericht, BAG) clarified the legal framework regarding electronic employment references. Key points include:

• Electronic references carry the same legal weight as paper versions.
• They can only be issued if the employee explicitly agrees.
• A qualified electronic signature guarantees authenticity and protects against forgery.

The BAG ruling thus places electronic and paper references on an equal legal footing and supports the broader digitalization of HR processes.

Practical Impact for Employers and Employees

For employers, electronic employment references streamline administrative work, reduce paperwork, and allow easy integration into HR software systems.

For employees, they offer flexibility and convenience. A digital reference can be quickly sent to a new employer or uploaded to an online job application portal. At the same time, employees remain free to request a paper version if they prefer.

Conclusion

The 2025 amendments to German labor law and the BAG’s decision highlight the ongoing digital transformation of employment relations. Electronic references signed with a qualified electronic signature are now a legally secure alternative to paper-based documents – provided the employee agrees.

For businesses, this development brings efficiency and cost savings; for employees, it ensures flexibility and legal certainty.