Employment Reference from the Employer’s Perspective

Employment reference and its current position

Employee evaluation in this form still partly carries a pejorative connotation from the communist period. However, more than thirty years have passed since the Velvet Revolution. It is no longer about screening people based on their background. Today, an employment reference is a document that an employer is required to issue only at the request of the employee. Such a request does not necessarily have to be made in writing. This is the main difference compared to a certificate of employment, which is always prepared upon termination of the employment relationship.

At the same time, this document is subject to specific binding rules. Czech legislation sets certain limits on what information may be included in an employment reference. It also determines how the evaluation should be formulated. Therefore, the legislative framework and statutory conditions related to the content of the reference form an important part of the overall issue.

Legal aspects arising for employers

Employers are subject to several obligations in this respect. First of all, there is the deadline for issuing the reference. This is set at fifteen days from the moment the employee requests such an evaluation.

At the same time, the employer is not required to issue this document earlier than two months before the termination of employment. In practice, this means that the employer is not obliged to prepare the reference if the employment relationship is still ongoing and no action leading to its termination has yet been taken.

Another important condition concerns the recipient of the employment reference. According to applicable regulations, such an evaluation may only be provided to the employee who has requested it. Issuing the document to any other person constitutes a serious breach of the Labour Code.

What an employment reference may contain

Czech legislation also defines the range of information that an employee evaluation may include. Logically, this only covers data related to the individual’s work performance. These include, for example:

• scope of job duties,
• ability to adapt and develop,
• professional knowledge and qualifications,
• quality and results of work performed,
• level of independence in completing tasks,
• work attitude and sense of responsibility,
• ability to cooperate within a team.

This list outlines the types of information permitted by law. On the other hand, an employment reference must not include personal data. This means, for example, information about family circumstances, health condition, religious beliefs, political opinions or private life. Details regarding salary or other financial benefits must also not be stated. A common principle remains that the issued document must be factual, truthful and focused solely on the employee’s work performance and qualifications.

Final summary

In practice, the whole issue is often associated with a number of uncertainties, especially regarding the employer’s obligations and the statutory limits on the content of such a document. Although legal regulations define the basic framework, their application in everyday HR practice may raise questions that are not always easy to interpret clearly. For this reason, the present article focuses on the employment reference primarily from the perspective of practical obligations arising for employers from the legislation. It does not replace a legal interpretation of individual provisions of the Labour Code. Rather, it provides a general overview of the rules that HR professionals and personnel specialists should take into account when preparing such a document.