An error-free employment certificate. What should an employer know?

In the employer-employee relationship, the moment of termination of employment is as crucial as the moment the contract is concluded. One of the key obligations of employers is the timely and accurate issuance of employment certificates. While this process may seem straightforward, a minor oversight or delay can expose the company to significant compensation costs. We explain how to avoid mistakes that can lead to serious consequences.

What will you learn from this article?

General rules for issuing an employment certificate – what are they?

As a general rule, an employment certificate must be issued on the day the employment relationship ends. If this is impossible for objective reasons, the employer has seven days to send the document to the employee by registered mail with acknowledgment of receipt or deliver it by other means. A copy of the employment certificate together with the return received as proof of delivery of the certificate should be attached to the employee’s personal file.

It is worth remembering:

Employment certificate – what must it contain?

An employment certificate should accurately reflect your employment history. Key elements that should be included include:

• Employee data,
• Employer details,
• Period of employment with an indication of working hours,
• The type of work performed and the positions held or functions performed,
• The procedure and legal basis for termination or expiration of the employment relationship,
• Data regarding the use of employee entitlements, i.e. leave from work due to force majeure, annual leave (including leave on request), care leave, unpaid leave, paternity leave, parental leave, childcare leave or leave provided for in Article 188 of the Labour Code,

• Information on non-contributory periods falling within the period of employment covered by the employment certificate, taken into account when determining the right to a retirement or disability pension * (e.g. periods of incapacity for work),
• Information about possible wage garnishment,
• At the employee’s request – information on the amount and components of remuneration, on qualifications obtained or on a final decision of the labour court to reinstate the employee to work or to award compensation.

Death of an employee and the employer’s obligations

If an employment relationship terminates due to an employee’s death, the employer prepares an employment certificate and includes it in the deceased employee’s personnel file (the date of issue should be the employee’s death). Upon request by a spouse or other person entitled to apply for a family allowance pension under the provisions on pensions and annuities from the Social Insurance Fund, or in the absence of such persons, by another person who is the employee’s heir, submitted in paper or electronic form, the employer issues an employment certificate within 7 days of submitting the request.

Sprostowanie świadectwa

The employee has 14 days from the date of receipt of the employment certificate to submit a request for its correction. If the employer refuses, the case may be referred to a labour court. Importantly, if the error is obvious, the employee can request a correction even after several months or years. A correction should also be made if the employer notices the error. It is important to remember that if an employment certificate is rectified, a new document must be issued with the current date on a current form, completing all fields, and noting that it is a correction. It is recommended to prepare a memorandum (including an explanation of the reason for the correction) and attach a copy of the rectified employment certificate to your files.

Ryzyko odszkodowawcze

Pursuant to Article 282 § 1 item 3 of the Labour Code, anyone who fails to issue an employment certificate to an employee within the specified time limit is subject to a fine ranging from PLN 1,000 to PLN 30,000. An employment certificate is a document mandatorily issued as part of an employment relationship upon its termination, therefore failure to issue an employment certificate is an offense against employee rights.

Additionally, if an employee proves that they were unable to take up a new job due to failure to issue an employment certificate on time or the issuance of an incorrect one, the employer may be required to pay compensation. In this case, the employee must demonstrate a causal link between their unemployment (loss of earnings) and the failure to issue an employment certificate on time.

Frequently asked questions and answers (FAQ)

Employee e-file, i.e. employee documentation in digital form

The electronic form of maintaining employee personnel files represents a completely new level of quality in employee personnel management. The e-file contains documentation required by labour law, including employment contracts, annexes, HR documents, work time records, and employment-related documents.