Employment certificate in professional sport: issue and correction

When an employment relationship in professional sport ends, the player can request a written employment certificate. It should state the duration and nature of the work accurately and must not make the next club change more difficult through adverse wording.

Three questions guide the review: Was the certificate issued, does it contain the required details and is any wording factually or legally problematic? A missing or defective certificate can be specifically requested and corrected.

Section 39 of the Austrian Angestelltengesetz requires the employer, at the end of employment and on request, to issue the employee with a written certificate stating the duration and nature of the work. For a professional footballer, the entitlement therefore follows the end of the employment relationship. Calling the agreement a player contract does not change this where the relationship is employment.

The certificate is issued on request. The club does not have to send the end certificate without being asked. A written request immediately after the contract ends is sensible. It should state the end date, the player’s name and the request for a signed certificate.

In professional sport, the contract end often coincides with a club change, deregistration or new negotiations. The certificate belongs to the records of the former employment relationship. Registration and performance-data questions are separate. The article on GPS tracking and performance data covers a different documentation issue.

A simple employment certificate must identify the employee, the employer, the duration of employment and the nature of the work. The club should use its exact legal name. For the player, the description should give the reader a clear picture of the duties performed during the employment relationship.

Depending on the contract and the actual role, a player’s certificate may refer to professional football duties, squad membership and other contractual tasks. The wording must reflect the actual relationship. If the duties changed, the different roles should be traceable in the description.

A player’s position on the pitch does not always replace a description of the work. The contractual and actual duties are decisive. Amendments, schedules and written role descriptions can help clarify factual gaps.

Section 39 of the Angestelltengesetz prohibits entries and comments that make it more difficult for the employee to obtain a new position. This covers direct negative statements and wording that conveys an adverse message in context. An employment certificate must not deliberately obstruct the next career step.

The club should therefore distinguish facts from evaluations. The certificate may describe the duration and nature of the work. According to the Arbeiterkammer guidance, an internal role as an employee representative must not be mentioned. A description that unnecessarily casts a dispute or the end of the contract in a negative light also requires careful review.

The player should read the complete wording rather than assess isolated sentences. The heading, order, omissions and closing wording can affect the overall impression. The correction then depends on the exact phrase and its factual basis.

The statutory entitlement concerns a simple employment certificate. It confirms the key facts of the employment relationship and the nature of the work. According to the Arbeiterkammer guidance, section 39 does not create an entitlement to an assessment of performance quality or a particularly positive formulation.

This matters when a club refuses to provide a detailed performance reference. Refusing a specific positive assessment does not automatically make the whole certificate unlawful. The required details, factual accuracy and prohibition of adverse entries still have to be respected.

A player can submit a draft to the club. The club does not have to adopt it unchanged. A draft can nevertheless help record squad membership, contract duration and concrete duties completely and factually.

The request should be made in writing and in a way that proves receipt. State the end of employment and ask for a signed employment certificate. A short factual request makes it easier to prove what was requested and when the club received it.

After receiving the certificate, compare it with the contract, amendments and actual duties. Check the player’s name and employer, the start and end dates, the description of the work and any statement that could make a move to a new club more difficult. Mark every discrepancy and note the document supporting the correct version.

A move to or return from the national team does not change the fact that the certificate concerns the former employment relationship. The article on national-team release and the player contract addresses the related organisational issue separately.

If the certificate does not comply with the legal requirements in substance or form, the player can request a correct version. This may concern a wrong period, an inaccurate description of duties or unlawful adverse wording. The request should identify the disputed wording and state the factually correct version precisely.

If the club refuses to issue or correct the certificate, a written demand with a reasonable deadline and proof of delivery is appropriate. Set out the correction points clearly and keep the original version. The Arbeiterkammer explains that continued refusal can lead to a claim before the Labour and Social Court.

When enforcing the entitlement, also check forfeiture clauses in a collective agreement or employment contract. They may provide shorter periods for asserting particular claims in writing. A player should therefore review the certificate promptly rather than wait until the next club move.

Must the club issue an employment certificate automatically?
No. At the end of employment, the player can request a written certificate under section 39 of the Austrian Angestelltengesetz. The request should be made in writing and in a provable form.

Which details must the certificate contain?
It must identify the player, the employer, the duration of employment and the nature of the work. The description should reflect the actual duties factually.

Is a player entitled to a positive performance assessment?
The statutory entitlement is to a simple employment certificate. Section 39 alone does not provide an entitlement to a detailed performance assessment or a particular highly positive formulation.

May a club mention a dispute or termination negatively?
The certificate must not make it more difficult to obtain a new position. Whether wording is unlawful depends on its exact text and context and should be assessed in the complete certificate.

What can a player do about an incorrect certificate?
Request correction in writing, identify the disputed passages and provide the factual basis for the correct version. Continued refusal may be pursued before the competent court.

First secure the contract end, the complete player contract, all amendments and the certificate received. Organise the actual duties and mark missing, wrong or adverse details.

Request a missing certificate or a specific correction in writing. Also check whether a collective agreement or contract contains a forfeiture period for asserting the entitlement. This keeps the issue traceable even when the player moves quickly to a new club.

Contact the firm
If you want an employment certificate after the end of a player contract reviewed or corrected, provide the contract, amendments, certificate and correspondence. Mag. Bernhard Brandauer, Rechtsanwalt, will clarify the next sensible steps with you.