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Arbeitsbescheinigung from previous employer

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Hello,

I have lived in Germany for 1 year and 8 months. The first year I was working for one employer (12 months) and then the last 8 months for another one. I was unemployed for two weeks and now the Agentur für Arbeit wants from me Arbeitsbescheinigung from the first employer too. I applied personally and the lady didn't mention anything about that. My question is do I have legal right to ask the first employer for this document and is he obliged to give it to me after 8 months? With the employer we are in bed relations and he won't give it without fight. Any advise will be appreciated. Thank you. 

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I believe you are legally entitled to an Arbeitsbescheinigung which states how long you worked there and what your duties were. Your former employer would know this. 

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I don't know if you speak German, but here https://www.arbeitsrecht.org/arbeitnehmer/kuendigung/die-arbeitsbescheinigung-ein-haeufiger-streitpunkt/

It basically says that when you left the last employer, they were expected to give you one. If they still refuse after your demand for one, you can file a lawsuit. Hopefully it won't come to that.

Another thing you could do if they refuse, is to tell the Arbeitsagentur this. As per what I read in § 312 SGB III, they are entitled to make a demand directly. I don't think they would refuse then.

So:

14 hours ago, KeraTamara said:

My question is do I have legal right to ask the first employer for this document

Yes, but then again, I am not a lawyer.
 

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Thank you very much for your replies! Yesterday I talked to the Agentur für Arbeit. I was told to ask my former employer by sending him a letter with a 2 weeks deadline. If he doesn't send the Arbeitsbescheinigung the Agentur für Arbeit can issue Erzatsbescheinigung but they need my Gehaltsabrechnungen. So here come the next problems:

 

1. The company I want this document from has closed. To which address should I send the letter? I know the address of the other companies owned by my ex-chef so I can send it there.

2. I have  only 5 Gehaltsabrechnungen out of 12. I don't think that he will send them second time to me. Is there any other way I can get them?

Thank you ! 

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