In some cases for objective reasons it is not possible to issue a certificate of employment to the employee on the date on which the employment relationship is terminated. The employer then sends, within 7 days of that date, the certificate of employment to the employee either through a postal operator or delivers it by other means.

The certificate of employment is a document containing information on completed employment.

The certificate of employment includes, inter alia, the following information:

• concerning the period(s) and type of work carried out,

• concerning occupied positions or functions,

• concerning the procedure and the legal basis for termination or the legal basis for expiration of the employment relationship. If the contract of employment is terminated by notice – the party to the employment relationship which gave the notice of termination (i.e. the employee or the employer) or in case of expiration the circumstances of expiration of the employment relationship.

The employer may not make the issue of that document conditional upon prior settlement of obligations by the employee.

Corrigendum to the certificate of employment

If the employee does not agree with the contents of the certificate of employment (for example, they believe that the information contained therein is false), they may request a corrigendum of the certificate, i.e. request the certificate to be corrected. The request is to be submitted to the employer within 14 days of receipt of the certificate. The corrigendum consists in giving the employee a new certificate of employment within that period.

If the employer does not accept the request for a corrigendum, the employee may apply to the labour court. They have 14 days from the refusal to issue a corrigendum to do so.

Request for issue of a certificate of employment

If the employer fails to issue the certificate of employment, the employee has the right to apply to the labour court with a request to oblige the employer to issue a certificate of employment.

Where an employer does not exist or an action concerning issuance of a certificate of employment may not be brought against it for other reasons, the employee has the right to apply to the labour court for establishing the right to receive a certificate of employment.

Such a request may be made at any time before the expiry of the limitation period.

A corrigendum of the certificate of employment may also be requested in this manner.

Employee compensation claim

An employee is entitled to compensation for damage caused by:

• failure to issue within the deadline; or

• issue of an incorrect certificate of employment.

Compensation is payable in the amount of remuneration for the period of unemployment for that reason, but no longer than 6 weeks.

 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Economic Development, Labour and Technology

Department of Labour Low

email: sekretariat.dpr@mrips.gov.pl