Employment certificate – the basic document with which we can confirm our employment with an employer. We receive it when our employment contract expires or is terminated. What more should we know about this seemingly obvious certificate? What deadlines apply to the employer and employee for its issuance and receipt?
Basic information and deadlines
Let’s start with the fact that the issuance of an employment certificate by the employer does not depend on the type of employment contract. On the date of termination of the employment relationship – as an employer we are obliged to issue a certificate if we do not intend to hire an employee within the next 7 days. This applies both in the case of expiration and termination of the contract by either party.
The obligation to issue a certificate of employment is absolute – the employer cannot make the issuance of this document conditional on any performance or failure to perform by the employee. Nor can the employer oblige the employee to collect the document in person, or charge him with the cost of collection. The employee may provide an authorization to hand over the certificate – either in person or electronically. If we continue to work with a particular employer, as employees we can apply for a certificate of employment for the period of previous employment for which we have not yet received a certificate. The employer is obliged to issue a labor certificate to the employee within 7 days of the request.
The employer is obliged to issue an employment certificate on the day on which the employment relationship is terminated. This will be: the last day of termination (employment contract with notice); the day on which the notice of termination is given to the other party (employment contract without notice); the last day of the employment contract, as specified in the contract, and the last day specified in the agreement on termination by mutual consent.
What does the document contain?
It is also worth shedding light on what information the employment certificate contains and whether its content can be modified. From the document we can learn about the period of employment and the length of time, the type of work performed, the function performed or the position held. The certificate will also contain information about the compensation due to the employee, his used vacations (of any kind), as well as about the periods when the employee benefited from the protection of the period of work, non-contributory periods, seizure of wages or the period of military service and performance of work in special conditions. At the request of the employee as an employer, we must make available information on the amount and components of wages and qualifications obtained.
Negligence on the part of the employer
What if the employer fails to issue an employment certificate or provides an incorrect one? In connection with the prolonged period of not having a certificate and not being able to take up employment for this reason, the employee is entitled to a claim for damages. In the amount of wages for the period of unemployment for this reason, but not more than 6 weeks. Failure to issue a labor certificate to an employee on time is an offense against the employee’s rights, for which the employer faces a fine of from PLN 1000 to 30000.
The employee also has the right to apply to the labor court to compel the employer to issue the document.
In a situation where the employer no longer conducts the business in which we were employed, or for some other reason it is impossible to bring an action against him – we have the right to apply to the labor court with a demand to determine the right to receive a certificate of employment or to correct it. Such demands can be made before the expiration of the statute of limitations.
Summary and model document
Why is it worth knowing about this? Because both as employees and employers we should know our rights and obligations. The labor certificate says a lot both about the period of our employment, is our proof of employment and a comprehensive report of the course of our career.
It is in the interest of both parties to ensure the timely issuance of such important documentation. A correct and up-to-date template of the labor certificate can be found here.
Legal basis:
97- 99 Law of June 26, 1974 Labor Code.
Ordinance of the Minister of Family, Labor and Social Policy of December 30, 2016 on the labor certificate. (Journal of Laws of 2020, item 1862).