19.05.2023 Labour law

[Poland] New template of employment certificate from 23 May 2023

On 15 May 2023, the Ordinance of the Minister of Family and Social Policy amending the Ordinance on the employment certificate, including a new template of this document, was published in the Journal of Laws. What information will have to be included in the certificate of employment once the changes come into force?

Occasional remote work in the certificate of employment

Amendments to the Labour Code have introduced so-called occasional remote work into the Polish legal order. In a calendar year, an employee may request a maximum of 24 days of work in such a mode. Once the Ordinance of the Ministry of Labour and Social Policy comes into force, the employer will be obliged to include in the certificate of employment information on the number of days of occasional remote work, in the calendar year in which the employment relationship ceased.

New types of ‘leave’ in the employment certificate

The amendment to the Labour Code, which came into force on 26 April 2023, introduced two new types of leave into Polish labour law:

  1. Carers leave (of 5 days per calendar year) to provide personal care or support to a person who is a family member or resides in the same household and who requires this care or support for serious medical reasons
  2. Emergency leave / force majeure leave (of 2 days or 16 hours per calendar year) for urgent family matters caused by illness or accident, if the employee’s immediate presence is required

Read more about the new types of leave and changes to labour law in 2023 in our guide. Download it for free here.

According to the new regulation, the employer will also be required to include in the employment certificate information on the number of days of carer’s leave taken and days (hours) of force majeure leave used in the calendar year in which the employment relationship ended.

For what purpose will information on occasional remote work and new ‘leaves’ be included in the employment certificate?

These records will be useful for successive employers employing an employee in the same calendar year. It will make it easier to establish the remaining balance of occasional remote work, force majeure leave and carer’s leave.

See also: Penalties for not issuing an employment certificate according to the new template

From when will the new employment certificate apply?

The regulation of 11 May 2023 will enter into force 7 days after the date of promulgation, i.e. 23 May 2023. Employers will be obliged to issue employment certificates according to the new template from the date of entry into force. This is because the regulation does not provide for a transitional period.

A template of the new certificate can be found here.

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