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Elements of the employment certificate - which are compulsory?

In connection with the termination or expiry of the employment relationship, the employer is obliged to immediately issue an employment certificate to the employee. The issue of an employment certificate may not be conditional on the employee's prior settlement with the employer. The elements of the work certificate are strictly defined in the labor code and in the regulation on the work certificate.

Employment certificate and the labor code

Pursuant to Art. 97 § 1.1 of the Labor Code, the issue of a work certificate may not be conditional on the employee's prior settlement with the employer. In the event of termination or expiry of an employment contract with an employee with whom the current employer enters into another employment contract immediately after the termination or expiry of the previous employment contract, the employer is obliged to issue an employment certificate to the employee only upon his request.

The employee may at any time demand a certificate of employment in connection with the termination or expiry of any employment contract. An employee may also demand a certificate of employment relating to the total period of employment under such contracts, prior to filing the request for a certificate of employment. The employer is obliged to issue an employment certificate within 7 days from the date of submitting the employee's written application.

Mandatory elements of the employment certificate

Pursuant to Art. 97 § 2 of the Labor Code, obligatory elements of the employment certificate are:

the period and type of work performed,
positions held,
the mode of termination or the circumstances of termination of the employment relationship,
other information necessary to determine employee and social security entitlements.

In addition, the employment certificate should contain a note about the seizure of remuneration for work in accordance with the provisions on enforcement proceedings. At the request of the employee, the employment certificate should also provide information on the amount and components of remuneration and the qualifications obtained.

Information and elements of the employment certificate are also specified in Art. 1 of the Employment Certificate Regulation. Pursuant to that provision, the certificate should contain, in particular, information on:

the period or periods of employment,
the employee's working time during the employment relationship,
the type of work or positions held or functions performed,
the procedure and legal basis for termination or the legal basis for the termination of the employment relationship, and in the event of termination of the employment contract with notice - the party to the employment relationship who gave notice,
the period for which the employee is entitled to compensation in connection with the shortening of the notice period for the employment contract pursuant to Art. 361 § 1 of the Act of June 26, 1974 - Labor Code,
the holiday leave due to the employee in the calendar year in which the employment relationship ended and used that year,
unpaid leave used and the legal basis for granting it,
used paternity leave,
used parental leave and the legal basis for granting it,
the childcare leave used and the legal basis for granting it,
the period in which the employee benefited from the protection of the employment relationship referred to in art. 1868 § 1 point 2 of the Labor Code
exemption from work provided for in art. 188 of the Labor Code, used in the calendar year in which the employment relationship ended,
the number of days for which the employee received remuneration, in accordance with Art. 92 of the Labor Code, in the calendar year in which the employment relationship ended,
the period of active military service or its alternative forms,
used additional leave or other entitlement or benefit provided for by the provisions of the labor law,
non-contributory periods during the employment period covered by the employment certificate, taken into account when determining the right to a retirement pension or disability pension,
seizure of remuneration for work in accordance with the provisions on enforcement proceedings,
receivables from the employment relationship recognized and not satisfied by the employer until the date of termination of this relationship due to lack of funds,
information on the amount and components of remuneration and on qualifications obtained - at the request of the employee.

The model of the work certificate is included in the appendix to the regulation on the work certificate.

Obligation to provide the employee with an employment certificate

The employer may issue an employment certificate directly to the employee or a person authorized by the employee in writing. If it is not possible to issue an employment certificate to an employee or a person authorized by him within the period specified above (i.e. upon termination or expiry of an employment contract), the employer should send the employment certificate to the employee or that person by post or deliver it to another way. The employee should receive the certificate no later than within 7 days of the expiry of this period.