A letter of recommendation or recommendation letter, also known as a letter of reference, reference letter, or simply reference, is a document in which the writer assesses the qualities, characteristics, and capabilities of the person being recommended in terms of that individual's ability to perform a particular task or function. Letters of recommendation are typically related to employment (such a letter may also be called an employment reference or job reference), admission to institutions of higher education, or scholarship eligibility. They are usually written by someone who worked with or taught the person, such as a supervisor, colleague, or teacher. Financial institutions, such as banks, may ask other institutions for references to judge, for example, a potential customer's creditworthiness.
References may also be required of companies seeking to win contracts, particularly in the fields of engineering, consultancy, manufacturing, and construction, and with regard to public procurement and tenders, to assess their ability to deliver the required level of service.
The person providing a reference is called a referee. An employment reference letter is usually written by a former employer or manager, but references can also be requested from co-workers, customers, and vendors. [1] Teachers and professors often supply references for former students. [2] Reference letters for organizations are usually supplied by parties to which the company has provided similar services in the past.
Reference letters for students are usually written by a former teacher or professor.
The employment reference letter can cover topics such as: [3]
In some countries, elements of performance are evaluated using established forms of expression, sometimes euphemistic. For example, in the German-language Arbeitszeugnis, the following terms are frequently used: [4]
This language established itself as an unwritten code in the employment world. Its purpose was to give even weakly performing employees a letter of recommendation that does not sound negative. However, the euphemistically glazed-over descriptions are now codified and generally known, so that the original cryptic intent is no longer served. [5] Nonetheless, it is still standard to use this codified language.
Depending on context and issuer, letters can be either:
For example, a German Arbeitszeugnis is usually issued automatically to a leaving employee, and is therefore not addressed to a particular requester. A letter of recommendation for a university of college in the US is usually written for and addressed to a specific institution the student wants to apply to.
If the letter is addressed to a particular requester, the letter will often be sent directly to that requester, and not to the applicant. In that case, applicants usually have the right to view a copy of the letter. Some applications, such as professional schools, give applicants the choice to waive their right to view their letters. Usually, applicants are encouraged to waive their rights because if they do not, it is a sign they are not confident in their recommenders.
Most potential employers will contact referees to obtain references before offering a job to a new employee. A survey by the Society for Human Resource Management (SHRM) found that eight out of ten resource professionals said they regularly conduct reference checks for professional (89%), executive (85%), administrative (84%) and technical (81%) positions. [6] Candidates are advised to ensure that they provide a suitable list of referees to their new prospective employer or institution, and to contact those referees to ensure that they are able and willing to provide a suitable reference. In some cases, employers will contact a candidate's former company for a reference even if no contact is supplied by the candidate.
Some employers may not be willing to provide reference letters because they may be concerned about potential lawsuits. In this case, the employer may only provide the job title, dates of employment, and salary history. [1] Finland, [7] Germany, Austria, Switzerland, Hungary [8] and Bulgaria are the only countries in Europe where employees can legally claim an employment reference, including the right to a correct, unambiguous, and benevolent appraisal. [9]
While there is no common law duty to provide a reference, [10] the Supreme Court of Canada has held that a refusal to do so may constitute "conduct that is unfair or is in bad faith" with respect to a wrongful dismissal, and thus "indicative of the type of conduct that ought to merit compensation by way of an addition to the notice period." [11] There is a duty of care to ensure that, where one is provided, it is accurate and fair and not give a misleading impression, [12] as held by the House of Lords in Spring v Guardian Assurance plc . [13] If an employer goes beyond what a reference should contain, or if it gives inaccurate or misleading information, liability may arise in the areas of breach of statutory duty, negligent misstatement, deceit, defamation or malicious falsehood. [12] It does not matter what form the reference might take. [14]
In the United Kingdom, references received by an employer from another person or organization can be disclosed to the person about whom they are written under the subject access provisions of the Data Protection Act 1998, but certain confidentiality considerations apply as to the identity of the person giving the reference. [15] As a result, together with the duty of care under Spring, many organizations have issued guidance as to best practice to be undertaken by reference providers. [16] [17]
The duty of care has also been held to apply in non-reference situations, as noted in 2011 in McKie v Swindon College. [18] In another case, the Court of Appeal of England and Wales has held that "a reference must not give an unfair or misleading impression overall, even if its discrete components are factually correct." [19] However, while a reference must be accurate and fair, it is not necessary to report all material facts concerning an individual, [20] but it can be argued that, if an agreed reference arising from a settlement agreement is misleadingly incomplete, the employer can be sued by a subsequent employer for breaching its duty of care. [21] The Employment Appeal Tribunal, in an unfair dismissal case, ruled that, in preparing a reference, it was not reasonable to provide details of complaints against an employee of which the employee was not aware. [22]
The Court of Appeal has further held that, if an employee leaves when an investigation is ongoing but has not been concluded, or where issues arise after an employee leaves that have not been investigated, employers can disclose this information but should do so in a measured and fair way, which will be particularly important if to omit this information would mean providing a misleading reference. [23]
In 2014, the UK government's Crown Commercial Service issued an information note clarifying that government departments are permitted to issue references relating to suppliers, and that failure to do so, reflecting a belief that policy matters prevented references from being issued, could have a detrimental effect on companies' development, especially small and medium sized enterprises. [24] The information note emphasized the importance of references being based on evidence and contemporaneous records, related to a specific proposed contract for which a reference has been requested, and issued by a member of staff formally authorized to speak for the organization providing the reference. [25]
In 2016, the Financial Conduct Authority and the Prudential Regulation Authority are issuing rules that will require the furnishing of references, before any approval or certification may be given by them, as well as specifying the information that they must contain. [12] [26] [27]
In India, employees typically receive a relieving letter (also called an experience certificate or service certificate) from their employer when leaving a job. [28] While the relieving letter may also serve as a letter of recommendation, the specific purpose of the relieving letter is to prove to any new employer that the applicant properly resigned from their old job and fulfilled all obligations to the former employer, such as working the notice period. [29]
Generally, employers are legally required to provide a relieving letter to leaving employees. [30] In Kerala, for example, this is regulated in the Kerala Shops and Commercial Establishments Bill [31] Despite this, employers will sometimes deny or delay providing a relieving letter, which makes it difficult for a leaving employee to start a new job.
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organisation or legal contracts.
A résumé, sometimes spelled resume, is a document created and used by a person to present their background, skills, and accomplishments. Résumés can be used for a variety of reasons, but most often they are used to secure new employment.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually thought to be the employee's fault, whereas a layoff is generally done for business reasons outside the employee's performance.
A background check is a process used by an organisation or person to verify that an individual is who they claim to be, and check their past record to confirm education, employment history, and other activities, and for a criminal record. The frequency, purpose, and legitimacy of background checks vary among countries, industries, and individuals. An employment background check typically takes place when someone applies for a job, but it can also happen at any time the employer deems necessary. A variety of methods are used to complete these checks, including comprehensive database search and letters of reference.
Recruitment is the overall process of identifying, sourcing, screening, shortlisting, and interviewing candidates for jobs within an organization. Recruitment also is the process involved in choosing people for unpaid roles. Managers, human resource generalists, and recruitment specialists may be tasked with carrying out recruitment, but in some cases, public-sector employment, commercial recruitment agencies, or specialist search consultancies such as Executive search in the case of more senior roles, are used to undertake parts of the process. Internet-based recruitment is now widespread, including the use of artificial intelligence (AI).
Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage in a particular act. Four basic causes of action may arise from such a scenario: negligent hiring, negligent retention, negligent supervision and negligent training. While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. The doctrine that an employer is liable for torts committed by employees within the scope of their employment is called respondeat superior.
Permanent Labor Certification is a process step required by some categories of employment-based immigration to the United States of America. Its stated goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers". U.S. workers are U.S. citizens, nationals or U.S. lawful permanent residents.
Job hunting, job seeking, or job searching is the act of looking for employment, due to unemployment, underemployment, discontent with a current position, or a desire for a better position. The immediate goal of job seeking is usually to obtain a job interview with an employer which may lead to getting hired. The job hunter or seeker typically first looks for job vacancies or employment opportunities.
Overqualification is the state of being educated beyond what is necessary or requested by an employer for a position with the business. There can often be high costs for companies associated with training employees. This could be problematic for candidates resulting in failure to secure employment for the position in question. Employers foresee costs related to hiring such “overqualified” candidates. When seeking employment, candidates should consider providing explanation to potential employers as to why they are seeking a position that requires less skill, education and therefore less pay than their education and experience qualify the candidate for.
The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
A cover letter, covering letter, motivation letter, motivational letter, or a letter of motivation is a letter of introduction attached to or accompanying another document such as a résumé or a curriculum vitae.
Job fraud is fraudulent or deceptive activity or representation on the part of an employee or prospective employee toward an employer. It is not to be confused with employment fraud, where an employer scams job seekers or fails to pay wages for work performed. There are several types of job frauds that employees or potential employees commit against employers. While some may be illegal under jurisdictional laws, others do not violate law but may be held by the employer against the employee or applicant.
A work permit or work visa is the permission to take a job within a foreign country. The foreign country where someone seeks to obtain a work permit for is also known as the "country of work", as opposed to the "country of origin" where someone holds citizenship or nationality.
An application for employment is a standard business document that is prepared with questions deemed relevant by employers. It is used to determine the best candidate to fill a specific role within the company. Most companies provide such forms to anyone upon request, at which point it becomes the responsibility of the applicant to complete the form and return it to the employer for consideration. The completed and returned document notifies the company of the applicant's availability and desire to be employed as well as their qualifications and background so that a determination can be made as to the candidate's suitability to the position.
The Virginia Workers' Compensation Commission (VWC) is an agency of the U.S. state of Virginia that oversees the resolution of workers' compensation claims brought in that state, in accordance with the Virginia Workers' Compensation Act. The Commission has exclusive jurisdiction to adjudicate such claims. Its decisions may be appealed to the Virginia Court of Appeals. The Commission is led by a Senior Leadership team consisting of three Commissioners, an Executive Director and a Chief Deputy Commissioner. The Commissioners are appointed by the Virginia General Assembly and serve staggered six-year terms. Honorable Robert A. Rapaport, Honorable Wesley G. Marshall and Honorable R. Ferrell Newman currently serve as Commissioners. The Commissioners elect a Chairman for a term of three years. Commissioner Rapaport currently serves as Chairman. Ms. Evelyn McGill is the Commission’s Executive Director and Honorable James J. Szablewicz is the Commission’s Chief Deputy Commissioner. The Commission is headquartered in Richmond, Virginia, and has offices and hearing locations at various places around the state.
Epilepsy can affect employment for a variety of reasons. Many employers are reluctant to hire a person they know has epilepsy, even if the seizures are controlled by medication. If the employee has a seizure while at work, they could harm themselves depending on the nature of the work. Employers are often unwilling to bear any financial costs that may come from employing a person with epilepsy, i.e. insurance costs, paid sick leave etc. Many people whose seizures are successfully controlled by a medication experience a variety of side effects, most notably drowsiness, which may affect job performance. Many laws prohibit or restrict people with epilepsy from performing certain duties, most notably driving or operating dangerous machinery, thereby lowering the pool of jobs available to people with epilepsy. People with epilepsy are also prohibited from joining the armed forces, though they may work in certain civilian military positions.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
Skills-based hiring refers to the practice of employers setting specific skill or competency requirements or targets. Skills and competencies may be cognitive or other professional skills, often commonly called "soft" skills.
Spring v Guardian Assurance plc[1994] UKHL 7, [1995] 2 AC 296 is a UK labour law and English tort law case, concerning the duty to provide accurate information when writing an employee reference.
5F.Issue of service certificate. Every employer shall provide service certificate to the employees, in such manner as may be prescribed, at the time of resignation or retrenchment or superannuation or while applying for another job.