1  Why this article matters  

If you want to apply for Arbeitslosengeld I (unemployment benefits) in Germany, the Agentur für Arbeit requires an Arbeitsbescheinigung from your (former) employer. Most companies submit it promptly – but what if yours doesn’t? 

The law still allows you to claim benefits by filing a substitute form called the “Erklärung als vorläufiger Ersatz der Arbeitsbescheinigung” (declaration as a provisional replacement for the employment certificate). This article explains:

• when you should use the form;

• where to get it;

• a line‑by‑line walkthrough to fill it in correctly;

• which supporting documents you need; and

• what happens after you submit it.

Good to know  Your employer is legally obliged (§ 312 SGB III) to provide the Arbeitsbescheinigung. The substitute declaration does not release them from that duty – it simply avoids delays in your own benefit claim.

2  When can (and should) you request the substitute declaration?

• Your employer ignores repeated reminders to send the Arbeitsbescheinigung.

• The delay jeopardises your ability to meet the Agency’s deadlines (usually one week after the end of employment for a complete application, but check your local office).

• You need to secure cash‑flow quickly while the Agency chases the employer.

The Agency will continue to press the employer for the official certificate. The benefits you receive on the basis of the substitute declaration are provisional and may be adjusted once the final figures arrive.

3  How to obtain the form  

1. Request it by phone on the nationwide hotline 0800 45555 00 (free of charge).

2. Pick it up in person at your local Agentur für Arbeit.

3. Download a blank PDF from the Agency’s website (search for the German title above). 

You’ll usually receive a short cover letter (one page) plus the three‑page declaration itself – exactly the documents shown in our sample (personal data redacted).

4  Step‑by‑step guide to filling in the form

Below we reference the numbered sections that appear on the form. Keep a copy for your records.

Page 1

1. Why no Arbeitsbescheinigung?
State (briefly) why your employer hasn’t reacted – e.g. “Employer has not responded to written / phone reminders dated … or the company went bankrupt”.

2. Details of the employment relationship

• Name & address of employer (as in your contract)

• Job title (‘zuletzt beschäftigt als’)

• Period of employment (‘vom – bis’)

• Weekly working hours

3. Interruptions > 1 month?
Tick “ja” only if salary payments were paused for longer than one month (e.g. prolonged sick leave without pay). Provide the dates.

4. End of employment
Tick the option that applies:

• Terminated by you (Eigenkündigung)

• Terminated by employer – with or without notice

• Mutual agreement (Aufhebungsvertrag)

• Fixed‑term contract expired

Add the date notice was given (am) and the last working day (zum).

Page 2

Reasons for leaving
Optional, but useful for benefit calculations – e.g. restructuring, personal reasons, etc.

5. Previous gross salary (‘Arbeitsentgelt – brutto’)
Indicate whether it was hourly or monthly and write the amount. If you had variable pay, use the field below to state the average.

6. Attachments you are submitting
Tick all that you include:

• Employment contract

• Termination / settlement agreement

• Confirmation from your health‑insurance fund of insurance periods & contribution amounts

• Payslips (typically the last 12 months)

Leave spare boxes blank or use them for other supporting papers (e.g. works council confirmation).

Page 3

7. Outstanding claims against the employer?
Tick “ja” only if you have filed (or intend to file) court claims for unpaid salary, holiday pay, etc. Provide case details if applicable.

8. Severance / compensation payments
If you received (or will receive) severance for the termination, declare the type and gross amount. The Agency needs this to determine potential waiting times (Sperrzeit).

Final declaration & signature
Sign, date, and write the place (Ort). By signing you confirm that the information is complete and accurate and that you understand provisional payments may have to be repaid if data later changes (§ 42 and § 328 SGB III).

5  Checklist – documents to send with the form

Send everything by registered post or upload via the Agency’s eService portal within the deadline they set in the cover letter.

6  What happens next?

1. The Agentur für Arbeit registers your application and issues a provisional benefit decision (Vorläufiger Bescheid).

2. They contact the employer again for the official Arbeitsbescheinigung (often electronically via BEA).

3. Once the official certificate arrives, the Agency recalculates your entitlement and sends a final decision (Endgültiger Bescheid). Any over‑ or under‑payment is balanced out.

Processing time varies by office, but you can speed things up by submitting complete documentation and answering follow‑up questions promptly.

7  Common pitfalls to avoid

• Missing attachments – the Agency will not process incomplete files.

• Illegible copies – scan documents in high resolution or use clear photos.

• Forgetting to sign – an unsigned form is invalid.

• Ignoring reminders – if you receive a Nachforderung for additional documents, respond within the given timeframe (usually one week).

8  Need help? ExpatEaze has your back

Navigating German bureaucracy in a foreign language can be stressful. Our multilingual team can:

• chase your employer for the Arbeitsbescheinigung;

• translate and fill out the substitute declaration correctly;

• compile the necessary proof (payslips, health‑insurance certificates, etc.);

• submit the package to the Agentur für Arbeit and follow up until a decision is issued.

➡️ Book a free 15‑minute consultation here or email us at info@expateaze.de.

Disclaimer

This guide is for general information only and does not constitute legal advice. Regulations can change and individual circumstances vary. For personalised guidance, consult your local Agentur für Arbeit.